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1990 Wis. L. Rev. 1597 (1990)
Creches, Christmas Trees and Menorahs: Weeds Growing in Roger Williams' Garden

handle is hein.journals/wlr1990 and id is 1613 raw text is: ESSAY CRIECHES, CHRISTMAS TREES AND MENORAHS: WEEDS GROWING IN ROGER WILLIAMS' GARDEN DAVID M. COBIN* When, during the Christmas season, a local government sponsors the display of a creche or a Chanukah menorah next to a Christmas tree, is the first amendment's establishment clause violated?' In a series of decisions on the last day of its 1988-1989 term, the United States Supreme Court answered: sometimes.2 The court concluded that government display is permissible, so long as the religious symbols are secularized to avoid an endorsement of a particular religion or religion generally. While clearly intended to promote the Court's vision of the separation of church and state as prescribed by the first amendment, the decisions are off the mark. Rather than discouraging governmental involvement in religion, the decisions merely encourage governments to display religious symbols in a manner that dilutes them of their religious significance. While the Court views such state involvement as an attempt to enhance secular holiday celebration, the actual result is a weakening of religion. Roger Williams, Puritan religious leader and the founder of Rhode Island, understood that governmental involvement with religion weak- ens religion. To Williams, the church was a garden in the wilderness; but when government enters the realm of religion this garden becomes a wilderness. The Supreme Court has recognized that Williams' views have been incorporated into the first amendment, yet has ignored these concerns when ruling on governmental display of religious objects. By ruling that such display is permissible so long as the holiday's secular nature is emphasized, the Court has encouraged the state to plant weeds in Roger Williams' garden. * Professor of Law, Hamline University School of Law. 1. The first amendment provides in pertinent part: Congress shall make no law respecting an establishment of religion.... U.S. CONST. amend. I. 2. County of Allegheny v. ACLU, 109 S. Ct. 3086 (1989). Allegheny consolidated three separate actions: County of Allegheny v. ACLU, 109 S. Ct. 3086 (1989), Chabad v. ACLU, 109 S. Ct. 3086 (1989) and City of Pittsburgh v. ACLU, 109 S. Ct. 3086 (1989).

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