Under a Conservative SCOTUS, Does the Plastic Christmas Reindeer Rule Still Matter?

Christmas reindeer

Some years ago we explored the sticky question of a municipal, state, or federal entity celebrating the Christmas holiday with the public display of an overtly denominational religious symbol, such as a manger scene. The consensus at the time (in 2011) was that the best recourse is to abide by the Plastic Reindeer Rule. This decision by the Supreme court in 1984 refers to a Pawtucket, Rhode Island, case (Lynch v. Donnelly) wherein the court ruled that the city did not violate the separation of church and state principle when it included a Nativity scene among a number of other seasonal and mostly secular holiday decorations (e.g., life-size Christmas reindeer, giant candy canes, a wishing well, a Jewish menorah, etc.) displayed in a public park.

No doubt this Solomonic decision by the Supreme Court left both religious and non-religious advocates equally unhappy. Yet that is the essential wisdom of Solomonic judgments: Everybody wins if nobody wins!

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