法律英语：106 Is Christmas Unconstitutional?

by Adam Freedman

Happy Holidays!  At this time of the year, our thoughts turn to mistletoe, eggnog, and . . . the separation of church and state. Katie from New Jersey¹ asks how it is that a Christian² holiday such as Christmas became an official national holiday in the United States.
Why is Christmas a National Holiday?
Christmas goes back a long way, or so I’m told, but as a matter of US law, the holiday got its start in 1870. In that year, President Ulysses S. Grant signed into law a bill declaring Christmas to be a national holiday. And that law is still on the books--section 6103(a) of Title V of the United States Code, in case you were wondering.
The reason why Katie, and some others, appear to be surprised by the official status of Christmas probably has something to do with the so-called Establishment Clause of the Constitution.  The First Amendment³ to the Constitution forbids Congress from making any law “respecting an establishment of religion.”
Does Christmas Violate the Separation of Church and State?
In 1998, an Ohio lawyer named Richard Ganulin sued the federal government, seeking to remove Christmas from the list of federal holidays. Enduring the inevitable⁴ comparisons to the Grinch who stole Christmas, Ganulin argued that the official status of the Christmas holiday amounted to a government endorsement⁵ of Christianity, in violation⁶ of the Establishment Clause.
In 1999, the federal district court dismissed Ganulin’s lawsuit⁷, holding that “the establishment of Christmas Day as a legal public holiday does not violate the Establishment Clause because it has a valid⁸ secular⁹ purpose, it does not have the effect of endorsing¹⁰ religion in general or Christianity in particular, and it does not impermissibly cause excessive entanglement¹¹ between church and state." That decision was later upheld by the U.S. Court of Appeals for the Sixth Circuit.
Can the Government Recognize Other Religious Holidays?
So, it’s okay for the government to shut down on Christmas--and honestly, who would notice anyway--but can the government do anything else to recognize a specifically religious holiday?  Can a state or local government, for example, place a nativity scene or a menorah on public property?
If you ask the Supreme¹² Court, you’ll discover that the answer is a resounding¹³ “maybe.” Consider the fact that on a single day in 2005, the Supreme Court held that a display of the Ten Commandments at the Texas State Capitol was constitutional whereas a similar display in a Kentucky courthouse was not--meanwhile the US Supreme Court building itself features no fewer than three representations of Moses bearing the Ten Commandments.
Can the Government Display Religious Holiday Symbols?
When it comes to deciding the legality of government holiday displays, the Court looks at the specific context of the display and tries to decide whether the government appears to be endorsing a religious message.  In 1984, the Supreme Court held 5 to 4 that a city-sponsored crèche in a public park did not violate the Establishment Clause. The display in question was found to have included lots of "secular" symbols, such as a Christmas tree, a Santa Claus house, a dancing elephant, a robot, a teddy bear, and cut-out figures of a clown.
But then five years later the Court took a different view of a crèche scene placed on the main staircase of the county courthouse.  In this case, there were no robots or teddy bears, but a simple (and probably distinctly more tasteful) nativity scene with a banner proclaiming "Gloria in Excelsis Deo" (which means "Glory to God in the Highest").  Ignoring the fact that relatively¹⁴ few of the locals were actually fluent in Latin, the Court held that the presence of the banner contributed to the scene’s religious nature.  In the same case, however, a majority of Court also held that a nearby display featuring a Christmas tree and a menorah did not violate the Establishment Clause.  As one legal commentator¹⁵ pointed¹⁶ out, it seems that the relatively secular Christmas tree “neutralized” the religious message of the menorah.
The Three Reindeer¹⁷ Rule
Critics of these cases have dubbed¹⁸ the Court’s approach as the “Three Reindeer Rule” since reindeer, like Santa, elves, and big trees, are deemed to be secular symbols that, in sufficient quantities, can justify¹⁹ an otherwise religious display on public property.
If you find yourself offended by Christmas or Hanukkah displays on public property, you might have a valid case under the Establishment Clause. As I’ve indicated, the courts take a very fact-specific approach to the issue. But on a deeper level, you might want to take a deep breath before launching such a suit, since litigation is a long process and will haunt you like the ghost of Christmas yet to come. You might just prefer to relax with a nice cup of punch, and enjoy the, er, holidays.
 

1 jersey   

n.运动衫

参考例句：

• He wears a cotton jersey when he plays football.他穿运动衫踢足球。
• They were dressed alike in blue jersey and knickers.他们穿着一致，都是蓝色的运动衫和灯笼短裤。

2 Christian   

adj.基督教徒的；n.基督教徒

参考例句：

• They always addressed each other by their Christian name.他们总是以教名互相称呼。
• His mother is a sincere Christian.他母亲是个虔诚的基督教徒。

3 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

4 inevitable   

adj.不可避免的，必然发生的

参考例句：

• Mary was wearing her inevitable large hat.玛丽戴着她总是戴的那顶大帽子。
• The defeat had inevitable consequences for British policy.战败对英国政策不可避免地产生了影响。

5 endorsement   

n.背书；赞成，认可，担保；签(注)，批注

参考例句：

• We are happy to give the product our full endorsement.我们很高兴给予该产品完全的认可。
• His presidential campaign won endorsement from several celebrities.他参加总统竞选得到一些社会名流的支持。

6 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

7 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

8 valid   

adj.有确实根据的；有效的；正当的，合法的

参考例句：

• His claim to own the house is valid.他主张对此屋的所有权有效。
• Do you have valid reasons for your absence?你的缺席有正当理由吗？

9 secular   

n.牧师，凡人；adj.世俗的，现世的，不朽的

参考例句：

• We live in an increasingly secular society.我们生活在一个日益非宗教的社会。
• Britain is a plural society in which the secular predominates.英国是个世俗主导的多元社会。

10 endorsing   

v.赞同( endorse的现在分词 )；在（尤指支票的）背面签字；在（文件的）背面写评论；在广告上说本人使用并赞同某产品

参考例句：

• Yet Communist leaders are also publicly endorsing religion in an unprecedented way. 不过，共产党领导层对宗教信仰的公开认可也是以前不曾有过的。 来自互联网
• Connecticut Independent Senator Joseph Lieberman is endorsing Republican Senator John McCain. 康涅狄格州独立派参议员约瑟夫。列波曼将会票选共和议员约翰。麦凯恩。 来自互联网

11 entanglement   

n.纠缠，牵累

参考例句：

• This entanglement made Carrie anxious for a change of some sort.这种纠葛弄得嘉莉急于改变一下。
• There is some uncertainty about this entanglement with the city treasurer which you say exists.对于你所说的与市财政局长之间的纠葛,大家有些疑惑。

12 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

13 resounding   

adj. 响亮的

参考例句：

• The astronaut was welcomed with joyous,resounding acclaim. 人们欢声雷动地迎接那位宇航员。
• He hit the water with a resounding slap. 他啪的一声拍了一下水。

14 relatively   

adv.比较...地，相对地

参考例句：

• The rabbit is a relatively recent introduction in Australia.兔子是相对较新引入澳大利亚的物种。
• The operation was relatively painless.手术相对来说不痛。

15 commentator   

n.注释者，解说者；实况广播评论员

参考例句：

• He is a good commentator because he can get across the game.他能简单地解说这场比赛，是个好的解说者。
• The commentator made a big mistake during the live broadcast.在直播节目中评论员犯了个大错误。

16 pointed   

adj.尖的，直截了当的

参考例句：

• He gave me a very sharp pointed pencil.他给我一支削得非常尖的铅笔。
• She wished to show Mrs.John Dashwood by this pointed invitation to her brother.她想通过对达茨伍德夫人提出直截了当的邀请向她的哥哥表示出来。

17 reindeer   

n.驯鹿

参考例句：

• The herd of reindeer was being trailed by a pack of wolves.那群驯鹿被一只狼群寻踪追赶上来。
• The life of the Reindeer men was a frontier life.驯鹿时代人的生活是一种边区生活。

18 dubbed   

v.给…起绰号( dub的过去式和过去分词 )；把…称为；配音；复制

参考例句：

• Mathematics was once dubbed the handmaiden of the sciences. 数学曾一度被视为各门科学的基础。
• Is the movie dubbed or does it have subtitles? 这部电影是配音的还是打字幕的？ 来自《简明英汉词典》

19 justify   

vt.证明…正当(或有理)，为…辩护

参考例句：

• He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
• Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗？