There is no bright line answer but argument can be made that a Christmas tree simply is intended to be festive, colorful and part of the holiday spirit.
It’s that time of year, and we wonder to what extent can a Christmas tree be placed on government property?The Establishment Clause, part of the First Amendment, calls for the “separation of church and state.” This means the government is prohibited from making any law respecting an establishment of religion. Thus, the government is not to adopt an official religion, favor one religion over another, prefer religion over non-religion, or advance, promote or endorse religion.
All that said, the question of whether a Christmas tree placed on government property is constitutional, calls for a multi-step analysis. Some of the questions to be dealt with: Who is funding and erecting the display or item? Is it a private group who has free expression? What type of forum is it? And, just what is being placed there?
Government neutrality is a key element of the Establishment Clause. There are two Supreme Court tests, based upon two cases.
Bottom line, there is no bright line answer to your inquiry, but argument can be made that a Christmas tree simply is intended to be festive, colorful and part of the holiday spirit. If it is combined with other secular items, it may both be allowed and allowable.
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