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The judicial history and implications of Lynch v. Donnelly

The Christ Child Goes to Court

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Wayne R. Swanson

"The Christ Child Goes to Court is a useful study of Lynch v. Donnelly.... It takes the reader from A to Z in the dispute, and interspersed throughout are mini-lectures on the role of the judiciary and the like."
Commonwealth

In December 1981, when the American Civil Liberties Union challenged the Nativity scene in the Christmas display put on by the city of Pawtucket, Rhode Island, an emotional controversy erupted. Two federal courts disallowed the crèche because its religious impact in the taxpayer-supported display overstepped the constitutional boundary between church and state. In March 1984, the United States Supreme Court by a 5-4 vote in Lynch V. Donnelly overruled the lower courts, deciding that in the predominantly secular context of Pawtucket’s display, the purpose and effect of the Nativity scene was not to promote religion, but only to acknowledge the spirit of the holiday season. The Christ Child Goes to Court traces the judicial history of a case that lasted more than two years and explores its implications for future issues concerning the relationship between religion and government.

Wayne R. Swanson describes how this compelling constitutional issue polarized public opinion in Rhode Island and generated "unimaginable vilification" of the Roman Catholic judge who first ordered the crèche removed. He reports the reactions of local citizens, which echoed the national debate on this issue. By carefully documenting the case’s trek through the judiciary, Swanson illustrates the workings of the judicial process in the United States, the political nature of the courts, and how their interpretation of the Constitution helps to shape the development of public policy.

An important conclusion of this critical examination of the courts’ approach to a controversial church-state question is that judicial decisions are usually interim in nature and often lead to imperfect solutions. Lynch V. Donnelly did not solve the problems posed by government-supported Nativity scenes or other religious symbols. The controversy lives on and the courts continue to struggle with one of the most difficult First Amendment problems.

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Reviews

"Any American who is interested in church-state relations, and the role of the courts in guiding them, will benefit from reading it."
Church and State

"The book tackles one of the most significant and perplexing issues arising in the substantive arena of constitutional law... Although other authors have provided a broad overview, this effort is the only recorded case study of any issue arising under the Establishment Clause of the First Amendment."
Perspectives on Political Science

"This book attempts to add some reality to the adjudication of an important case. It is fascinating and enjoyable reading."
Bimonthly Review of Law Books

"[This] very successful and interesting study deals with a topic of great public interest. It is a serious study; but the event dealt with stimulates passionate concerns, There is a good chance that persons interested only in the story line and the outcome of the controversy will not object to learning something about constitutional law-making along the way."
C. Herman Pritchett, Professor Emeritus, University of California, Santa Barbara

"In this well-written study, Professor Swanson examines the forces that led to Lynch V. Donnelly, traces the case through the federal court system, and analyzes the Supreme Court’s decision. One really gets a flavor of the emotions that this case, and others like it, generate. No other book of the same genre is as useful in illustrating the interplay of local politics and the development of a Supreme Court case."
Caren Dubnoff, Professor of Political Science, Holy Cross College

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Contents

Preface
Introduction

1. The ACLU and Pawtucket's Christmas Display: The Controversy Unfolds
Pawtucket Reacts • Witness for the Plaintiff: The ACLU Position • For the Defense: The Mayor Responds • The Trial

2. Round One: The District Court Decides
The District Court • The Supreme Court and Establishments: The Pre-Lynch Years • A Question of Standing • Post-Trial Memoranda to Judge Pettine • Judge Pettine Decides

3. Round Two: The Court of Appeals
Pawtucket Appeals • The U.S. Courts of Appeals • The Court of Appeals Decides

4. A Final Hearing: The Supreme Court
Applying for Certiorari • To Brief the Court • Oral Argument • Judicial Conference • The Decision

5. The Reaction
The Rhode Island Reaction • The National Response to Lynch v. Donnelly • Post-Lynch Court Activity

6. The Establishment Clause Revisited
Standards for Judicial Decision Making and the Establishment Clause • The Court's Approach to Establishment: Evaluation and Alternatives • Conclusion

Appendix A: Lynch v. Donnelly: Case Chronology
Appendix B: Glossary
Appendix C: Table of Cases: Supreme Court Establishment Decisions (1947-1988)
Notes
Bibliography
Index

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About the Author(s)

Wayne R. Swanson is Professor and Chairman of the Government Department at Connecticut College.

Subject Categories

General Interest
Political Science and Public Policy

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