The Constitution and Christmas. Frequently Asked Questions. by Matthew McReynolds, PJI Staff Attorney

Note: This analysis is based primarily on cases arising from the U.S. Supreme Court and the federal Ninth Circuit Court of Appeals, whose decisions are binding in California, Arizona, Nevada, Montana, Idaho, Washington, Oregon, Alaska, Hawaii and U.S. territories in the Pacific. Because the Ninth Circuit has issued some of the most restrictive decisions in the country when it comes to separation of church and state, otherjurisdictions may be more tolerant of religious expression.

Q: Should public schools downplay the celebration of Christmas so as not to offend anyone?
A: No! Over the years, anti-religion groups like the ACLU have convinced school districts that they cannot celebrate or even teach the history and significance of Christmas. As a matter of common sense, this approach is illogical and absurd. Christmas continues to be the most significant annual celebration in the United States, and indeed, in most of the world. It is essential that schools desiring to teach multiculturalism and respect for all students help students understand why Christmas is so important to more than one billion people around the globe.

From a legal standpoint, neither the courts nor state statutes require schools to abandon the celebration of Christmas. In fact, the opposite is true—states such as California have statutes which specifically allow the use of religious art and music as instructional tools. Thus, it would be perfectly legal for a public school teacher to read her students the Christmas story straight from the Bible. The main legal restriction is that students should be informed that the story of Christ’s birth is what Christians believe; the teacher cannot proselytize or attempt to convince the students that they should become Christians.

Q: Do schools need to refer to the Christmas season generically as “the December holidays,” “winter break,” or something similar?
A: No. Time and again, courts across the country—including the Ninth Circuit—have held that it is constitutional for the government, including school districts, to recognize holidays with religious significance, such as Christmas and Easter. It is completely unnecessary to censor Christmas.

Q: Can Christmas carols that mention Jesus be sung in class and in school programs?
A: Yes! A number of courts have held that songs with religious content may be sung at school, both in class and at school programs, as part of introducing students to a variety of cultures and beliefs. The main caution is that schools must present secular as well as religious aspects of Christmas. Thus, for example, “Joy to the World” should be accompanied by “Jingle Bells.”

Q: Do Christmas decorations or displays in schools always need to be accompanied by symbols from other religions?
A: No. The Supreme Court has said that religiously-themed items like nativity scenes should be accompanied by secular items such as Santa Claus and Christmas trees. Some schools have become very confused about this standard and mistakenly believe that every mention of Christmas must be surrounded by symbols of Judaism, Islam and other religions. That is not, however, what the Supreme Court ruled. In recent years, some districts and local governments have gone so far as to restrict the use of Christmas trees, Santa Claus and even the colors red and green on the notion that they are “religious” because they are connected to Christmas. In reality, the Supreme Court said nearly the opposite—these types of symbols are secular and provide balance for religious depictions like nativity scenes.

Q: Can I sue my child’s school if they refuse to properly acknowledge Christmas?
A: Not so fast! PJI strongly encourages parents to build bridges early and often with their children’s teachers and school administrators. Oftentimes, school restrictions of Christmas celebrations are the result of fear and misunderstanding spread by anti-religion groups like the ACLU. PJI would be happy to provide your school authorities with specific legal citations and more in-depth discussion of these issues. Some parents and legal groups have unwisely rushed to court when they believed the religious aspects of Christmas were being ignored. In each of these cases, the courts sided with the school district, illustrating the need for parents and community members to work with school officials. If school officials are unwilling to change misguided policies or practices, parents should feel free to contact their school board member. Sometimes school board members are more responsive to these types of issues because they are elected officials. While school districts have a fair amount of discretion in how they choose to celebrate Christmas, their discretion is much more limited—and constitutional rights are much greater—when it comes to student-initiated expression, as will be seen in the next question.

Q: Can young people invite fellow students and teachers to church-sponsored Christmas programs and other events?
A: Absolutely! Student expression, including verbal or written invitations to church events, is just as protected by the First Amendment as any other expression. Students simply need to offer their invitations at appropriate times (e.g. not during the middle of class).

Check back in with the PJI Attorneys’ Blog throughout the Christmas season for updates on this and related topics.