(Life-size figures just put up in Central Park, New York City!)
Can religious symbols be displayed on public property? Yes, but it is a qualified yes.
Today, the Catholic League erected a life-size nativity scene in Central Park, on a piece of
public property in front of the Plaza Hotel, between 58th and 59th Street on 5th Avenue.
We received a permit from the New York City Parks Department, as we have for decades. Sitting
nearby is the world’s largest menorah, which is also a religious symbol.
There are no Santa Clauses, reindeers, Jack Frosts, or any other secular symbols surrounding
our religious display. We don’t need to have them. Why? Because Central Park is a public
forum, a place that is open to all ideas, concerts, artistic exhibitions, and the like. So the
government cannot stop us from erecting our crèche.
So why do some say that religious symbols cannot be displayed on public property unless they
are accompanied by secular symbols? They would not be correct if they were referring to a
public forum, but they would be correct if they were referring to a swatch of public land near a
municipal building, such as city hall.
The difference there is that it could be argued that the proximity of the religious symbols near
a municipal entity might be interpreted as government sanction of religion. That argument
cannot reasonably be made if the land is a public forum.
Practicing Christians, Jews, and others, need to understand the difference so as to avoid
unnecessary problems.
Regrettably, there are still instances where the government is acting irresponsibly, such as the
denial of a nativity scene at the Bandstand in Rehoboth: officials in this Delaware community
should be challenged in court—the Bandstand is a public forum.
Another controversy has arisen this year in Springfield, Illinois when the Satanic Temple
received permission to erect a Satanic display next to a nativity scene and a menorah in the
Capitol rotunda. This mean-spirited “competition”—designed to neuter the religious displays—
borders on hate speech and could be challenged on such grounds. Government officials said
they had to honor the request. Really? Would they allow the display of a huge swastika to be
placed next to a menorah?
Supreme Court Justice Clarence Thomas said several years ago that the high court has failed
the public by not making clear what is permissible under the Constitution when it comes to
religious expression. He was right then, and nothing has happened subsequently to invalidate
his observation.
We hope that New Yorkers, and those visiting New York City this Christmas season, will stop
by and see the Catholic League’s nativity scene in Central Park. It will be up through the New
Year.
(Catholic League president, Dr. Bill Donohue's comments on the legality of nativity scenes on public
property.)
Nativity Scene Just Put Up In Central Park, NYC