| Is it still okay to say "Merry Christmas" in America's
public schools?
The Alliance Defense Fund, America's largest legal alliance
defending religious liberty through strategy, training, funding, and litigation,
offers the following myths and facts concerning the celebration of Christmas
on its Christmas project website:
Myth/Fact Sheet
Myth #1: Students are not allowed to sing religious Christmas
carols in public schools.
Fact: During school activities, such as choir, Christmas
programs, and other events in public schools, students can sing such carols
without offending the U.S. Constitution. Courts may look to whether the
school has a secular purpose for initiating religious expression; for example,
advancing students knowledge of societys cultural and religious
heritage and the opportunity for students to perform a full range of music,
poetry, and drama.
Myth #2: It is unconstitutional for school officials to
refer to a school break as a Christmas Holiday.
Fact: The Supreme Court has acknowledged the governments
longstanding recognition of holidays with religious significance, such as
Christmas. Congress has proclaimed Christmas to be a legal public holiday.
Myth #3: It is unconstitutional for public schools to close
on religious holidays, such as Christmas and Good Friday.
Fact: The Establishment Clause doesnt prohibit
state officials from choosing a religious day as the day for a legal holiday.
Myth #4: Public schools have to recognize all religious
holidays if they recognize Christmas.
Fact: Government recognition of a holiday that coincides
with a religious holiday is not unconstitutional. Although accommodation
of religious holidays is constitutionally permissible, schools are not constitutionally
obligated to observe every religious holiday.
Myth #5: It is constitutional for public schools to ban
teachers and students from saying Merry Christmas.
Fact: The Supreme Court has stated that teachers and
students do not shed their constitutional rights to freedom of speech
or expression at the schoolhouse gate. Guidelines issued by U.S. Secretary
of Education Riley (under President Clinton) state students therefore
have the same right to engage in
religious discussion during the school
day as they do to engage in other comparable activity. Teachers have
the right to greet students with the words Merry Christmas, in spite of
their role as agents of the state. Saying a simple greeting that people
commonly use in December does not violate the Establishment Clause. (A teacher
would have to use his/her authority to promote religion to students in order
to violate the Establishment Clause.)
Myth #6: Public schools cannot have students study the
religious origins of Christmas and read the biblical accounts of the birth
of Christ.
Fact: The Supreme Court has stated that the Bible
may constitutionally be used in an appropriate study of history, civilization,
ethics, comparative religion, or the like. The term study
has been defined to include more than mere classroom instruction; public
performance may be a legitimate part of secular study.
Myth #7: Public schools cannot display religious symbols.
Fact: The display of a nativity scene is constitutional
if it is displayed for legitimate secular purposes, such as to celebrate
the holiday and to depict the origins of the holiday. If a public school
is concerned, it is free to display a nativity scene among other forms of
religious and secular seasonal expression.
Myth #8: Students do not have a constitutional right to
be exempt from activities with a religious component.
Fact: Without penalty, students can opt out of activities
(such as a Christmas program or a concert with a religious song) that conflict
with the individual beliefs of the students or their parents. The school
may not force any person to participate in an activity that offends
his religious or nonreligious beliefs. A students objection
to a school activity containing religion does not empower the student to
censor the expression or block the activity. The student can opt out but
cannot silence others. This is the standard for other matters as well. For
example, students are allowed to opt out of reciting the Pledge of Allegiance.
The Alliance Defense Fund works year-round to preserve and
protect our religious liberties, including the right to
...sing Christmas carols at school
...pass out candy canes to classmates
...call it Christmas vacation
...sponsor a nativity scene on public property
...say Merry Christmas
If you or someone you know is discriminated against due to
a Christmas or Christian-related issue, whether it takes place during the
Christmas season or any other time of year, I highly recommend contacting
the Alliance
Defense Fund.
If we don't stand up for our rights as Christians today, we
will have none left for tomorrow!
-Mike- |