And How it Landed in the United States Supreme Court
In my recent travels around Westchester, I noticed a wonderful nativity scene in the middle of Scarsdale. Next to it was a sign that read-This Creche has been errected and maintained by the Scarsdale Creche Committee a private organization.
After watching Nativity scenes across the county, and the country, removed from public property over the past 35 years, I wondered how this one still stands. I went home and learned about how the Village of Scarsdale had permitteed the Nativity scene for many years to be errected 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 the Village Board barred the Nativity scene. The concerns came from several Jewish residents who characterized it as being insensitive.
Several Scarsdale residents and the Creche Committee, sued the Scarsdale Board in Federal Court, claiming that there 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 relgious 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, a recent case Lynch v Donnelly, which found that “an equal access policy would not contravene” having religious symbols on public property,–reversed the lower courts decision.
The Scarsdale Board then voted to appeal to the highest court in the land. The issue was, and still is, whether a religous 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 a dozen or so days 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.
In my 25 years covering Westchester, I had never heard of, or read this story. To me it shows the importance of highlighting all religious celebrations. So Merry Christmas, Happy Chanukah and Happy Kwanzaa.
