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Church v State; this has been a serious issue for centuries, even back on the time of Augustine. A more recent concern is the problem of displaying religious items at public and government buildings. Should it be allowed? Is it covered under the freedom of religion clause mentioned in the First Amendment?
The First Amendment gives citizens the right to take part in religious speech in "public forum." The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." The Supreme Court decisions have made the First Amendment controversial. Practices that the court has declared unconstitutional include prayer and displays of religious symbols or portions or scripture on public property.
A case which helps clearly present information of the church v state relationship today, regarding public expression of private religious beliefs, would be Capital Square Review and Advisory Board v Pinette, where a private group wanted to place a cross in a public park during holiday season. The Supreme Court explained, "Respondents religious display in Capital Square was private expression. Our precedent establishes that private religious speech, far from being a first amendment orphan, is fully protected under the Free Speech Clause as a secular private expression." The Courts decision was made based upon the facts that the park has historically been open for different expressive activities, the group had asked for permission, and for the agreement to also erect a sign disclaiming any government endorsement.
Other cases which clarifying this relatively would be County of Allegheny v ACLU and Lynch v Donnelly. In the Allegheny case, Supreme Court had to judge the constitutionality of two holiday displays in Pittsburgh. One was a crèche by the Allegheny Courthouse, and the other was a menorah by the City-County Building. Here, the court stated that while the crèche was unconstitutional, and the menorah was not. The reason, determined by Justices Blackmun and O'Connor, was because there were no secular symbols such as Santa Clause and reindeer.
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Although the crèche was considered unconstitutional, it did not violate the Establishment Clause which prohibits the federal government from declaring and financially supporting a national religion. It does not have the effect of advancing or inhibiting religion. So it technically should have been allowed to be placed on display as well.
In the Lynch case, all was pretty much the same deal as the Allegheny case. The difference was that Lynch had a crèche as well as a Santa Claus, reindeer, candy canes, a Christmas tree, carolers, and toys. They actually used what is called the Three Prong Lemon Test which states that if an action violates the Establishment Clause then it is unconstitutional to conclude that the crèche did not violate the Establishment Clause.
In conclusion, the separation of church and state does not forbid religious displays on public and government property. "The Supreme Court consistently ruled that the Establishment Clause does not require a state entity to exclude private religious speech from a public forum." From court decisions, I conclude that religious displays should be allowed to be displayed on public and government property as long as all necessary actions are taken to follow the Establishment Clause.
http//law.umke.edu/faculty/projects/ftrials/conlaw/religioussymbols.htm
http//religiousfreedom.lib.virginia.edu/court/alle_v_aclu.html
http//www.aclj.org/abouta.asp
http//www.aclu.org/ReligousLiberty/ReligousLibertyMain.cfm
http//www.postgazette.com/forum.00001edaltoon.asp
http//www.au.org/press/pr001.htm
http//www.aclj.org/info/ILholidy.asp
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