Mom Loses Attempt To Display Menorah At PTA Tree Lighting Ceremony

In Lyons v. Carmel Unified School District, a California federal district court has denied a temporary restraining order sought to allow the mother of Jewish children in a public school to display a 6-foot inflatable menorah at the PTA’s tree lighting ceremony, Religion Clause reports. The school was only willing to permit plaintiff to bring a small menorah to hang as a tree decoration. R

ejecting plaintiff’s Establishment Clause claim, the court said in part:

Plaintiffs contend that the event advances Christian religions over other religious … by allowing display of Christian holiday symbols – the tree and ornaments – but banning display of non-Christian holiday symbols such as a menorah….

Defendants argue that they have not referred to the tree lighting event as involving an “Xmas” tree. Even assuming that the event is viewed as involving the decoration and display of an Xmas tree, however, that would not implicate the Establishment Clause. The Supreme Court has held that “[t]he Xmas tree, unlike the menorah, is not itself a religious symbol.” Cty. of Allegheny v. Am. C.L. Union Greater Pittsburgh Chapter, 492 U.S. 573, 616 (1989)….

The court also rejected plaintiff’s free speech claim because the school offered plaintiff the opportunity to reserve School grounds for her own event where she could display the menorah.

{Matzav.com}