A Delicate Balance – Addressing Religious Holidays in Public Schools

With the holiday season well underway, celebrations and observances abound. Perhaps now more than ever, these events remain a helpful tool for school communities to boost morale. However, the worthy aim of these events does not insulate school districts from claims of religious exclusion. In a society predominantly observing Christmas, there is a fine line between traditional celebrations and the exclusion of other religions.

As public institutions, school districts must use caution to comport with First Amendment prohibitions on establishing religious preference or viewpoints. In the seminal case on the matter, the United States Supreme Court outlined a three-pronged test to determine whether a public practice is consistent with the Establishment Clause: (1) does it have a secular purpose; (2) does it have a principal or primary effect that neither advances nor inhibits religion; and (3) does it foster an excessive government entanglement with religion. With regard to the first prong, the actual purpose cannot be to endorse or disapprove of religion or to advance religious views. For the second prong of the test, school districts must establish objectively that a reasonable observer would not find an effect of endorsing religion. Concerning the third prong of the test, a school district must prove an absence of contact with church or religious officials regarding a display or event.

Generally, school districts avoid establishing religious preference by steering clear of religious observances altogether. During the winter season, abstaining from any semblance or religious observance becomes increasingly difficult. While sleighs, elves and reindeer hardly evoke religious overtones, the presence of Advent wreaths, nativity scenes, or Christmas pageants within schools must be closely scrutinized. These overtly religious overtones present challenges to school districts desiring to include them in their festivities while maintaining an environment in which a student does not feel a particular religion is being advanced.

The Commissioner of Education has previously found a violation of the Establishment Clause for a school district in renaming its winter concert to a “Christmas concert”, because it advanced a particular religion—namely, Christianity—in the public schools. Even items as innocuous as single memorial candles placed in school windows have been brought before the Commissioner and challenged as Advent candles. In that instance, the Commissioner sided with the school district but the appeal itself represents the challenges facing public schools during the holiday season: even strict compliance with the Establishment Clause cannot prevent frivolous challenges. As such, school districts must consider not only legal compliance but also public perception of any displays or events.

The presence of one religion’s holiday items may be mitigated by the inclusion of others. For example, a display of an Advent wreath, a menorah and Kwanzaa candles does not prefer any particular religion. If other holiday symbols like snowmen, family portraits and gift boxes are also included to commemorate the holiday season overall in its many forms, a display’s neutrality may be increased and, more likely. avoid Establishment Clause violations. As such, school districts must carefully consider the symbols included and the subsequent perception by the community.

As if these considerations are not enough to contend with, school districts must also comport with perceived hostility toward religion. In a federal case outside of the jurisdiction of New York but which may provide persuasive guidance for courts dealing with such matters within our state, parents challenged the lack of Christian symbols displayed during a holiday event. Specifically, the complaint stated that non-Christian religions “were emphasized while Christianity was under-emphasized or ignored.” The display at issue in this case included symbols and songs from various religions. The court determined that no violation of the Establishment Clause occurred because the program was to showcase the diversity of holiday observances in a neutral fashion that could not be viewed as an endorsement of any particular religion.

A common theme amongst these decisions is the lack of an exhaustive list outlining which religious items may be included, and in which fashions. Therefore, these considerations require full context to make a case-by-case determination.

Finally, schools must consider the impact of the incorporation of holidays into curriculum. In general, a school district’s board of education has the authority to determine how holidays should be observed or incorporated into curriculum. Parents cannot dictate what will be incorporated into lessons merely because they are offended by an idea or practice a contrary one. For example, in Ware v. Valley Stream High School District, 75 N.Y.2d 114 (1989), the New York Court of Appeals explained, “It is generally acknowledged that mere exposure to ideas that contradict religious beliefs does not impermissibly burden the free exercise of religion. . . . The First Amendment does not stand as a guarantee that a school curriculum will offend no religious group.” 75 N.Y.2d 114 (1989). Therefore, the use of traditional Christmas or Hanukkah songs in music class may not be problematic; however, these determinations should be carefully made, abiding by the reasonable observer test. A simple rule may guide districts: schools should aim to educate not celebrate.

If you have specific questions regarding holiday displays or observances, please do not hesitate to reach out at the number below.