By Dan Murphy
Here’s a holiday story that you may not have heard about. After watching Nativity scenes across the county, and the country, removed from public property, I wondered how I continued to see a Creche in Scarsdale ever December before Christmas. And next to the Nativity is a sign, “This Creche has been erected and maintained by the Scarsdale Creche Committee a private organization.”
The Village of Scarsdale permitted the Nativity scene for many years to be erected by the Scarsdale Creche Committee in Boniface Circle for around two weeks during the Christmas season, from 1957 to 1981.
However, in 1981, after complaints from several residents who characterized the Creche as being insensitive, the Village Board barred the Nativity scene.
Several Scarsdale residents and the Creche Committee sued the Scarsdale Board in Federal Court, claiming that their First Amendment rights of free religion and free speech were violated. US District Court Judge Charles Stewart ruled in 1983 that the nativity scene improperly constituted an “impermissible establishment of religion on public land,” making the Village square in Scarsdale “the message-bearer” for one religious belief.
The Creche Committee and one resident Scarsdale attorney Kathleen McCreary, who the case is named for (McCreary v. Stone) appealed to the US Court of Appeals, which ruled in 1984 that while the Village Board’s denial of the nativity scene was correctly based, another case, Lynch v Donnelly, which found that “an equal access policy would not contravene” having religious symbols on public property, reversed the lower court’s decision.
The Scarsdale Board then voted to appeal to the highest court in the land. The issue was, and still is, whether a religious symbol like a nativity scene, or a Menorah, placed on public property, was a violation of the Establishment clause of the First Amendment, which calls for the separation of church and state.
The case was heard in 1985 by only eight USSC Justices: Justice Lewis Powell was absent due to illness. With a 4-4 split, the Justices affirmed the court of appeals decision.
Since then, this simple and traditional Nativity Scene has been placed for two weeks in the middle of Scarsdale. And every year, the Scarsdale Board votes on whether to allow the request by the Scarsdale Creche Committee to do so, including this year, Nov. 2021, and the Creche will go up starting Dec. 15.
I recently drove by to make sure it was up and took the photo above. This shows the importance of highlighting all religious celebrations. So Merry Christmas, Happy Chanukah and Happy Kwanzaa Westchester!
