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Reply #8: Could go either way. [View All]

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Imperialism Inc. Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 03:53 PM
Response to Original message
8. Could go either way.
Lemon test (Lemon v. Kurtzman):

1. The government's action must have a legitimate secular purpose;
2. The government's action must not have the primary effect of either advancing or inhibiting religion;
3. The government's action must not result in an "excessive entanglement" with religion.

3 isn't violated here. Since the display has served secular purposes in the past 1 is probably not violated either. 2 however is why it could go either way. If it is a display of a religious nature then it will have to be removed. If it is more about the many secular aspects of Christmas then it can stay.

Personally I wouldn't care either way even if 2 is violated for a short period of time. However, if it is brought to a court , and 2 is violated the court must and should rule it to be removed.

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