December 22, 1998

(Somerset, Mass.) -- The American Center for Law and Justice has been asked to assist the Town of Somerset, Massachusetts in its appeal of a federal court decision which declared unconstitutional the display of a nativity scene outside the town hall.

"We believe town officials have the legal right to display a nativity scene and it is clear their action is protected by the First Amendment to the U.S. Constitution," said Vincent P. McCarthy, Northeast Regional Counsel of the ACLJ. "We have been asked to assist the town in presenting its legal defense in the case. And we are in the process of filing a friend-of-the-court brief on their behalf."

On November 30, a federal judge ruled that the display of a nativity scene outside the town hall of Somerset was unconstitutional. The American Civil Liberties Union filed suit against the town on behalf of a Somerset resident who heads up the regional office of American Atheists, Inc.

McCarthy said the manger display does not violate the separation of church and state and is in compliance with a U.S. Supreme Court decision that addressed the constitutionality of a city-erected creche in a 1984 case. In Lynch v. Donnelly, the Supreme Court found no violation of the Establishment Clause of the First Amendment, even when the government erects the creche – provided it is but one holiday symbol among many in the context of a larger seasonal government display.

"The law is very clear," said McCarthy. "The Town of Somerset is displaying a nativity scene as part of a larger holiday exhibit that includes the display of a menorah and secular symbols of Christmas. There should be no constitutional crisis with this display. The display is both lawful and legal."

McCarthy said the ACLJ was successful in clearing the way for a private citizen to display a manger scene in Pittsfield, Massachusetts just last week. Pittsfield City officials denied a private citizen permission to erect a religious display in a city park. McCarthy said the ACLJ provided written information detailing the constitutionality of the display, and City officials reversed their decision and permitted the religious display to stand.

The ACLJ has published legal guidelines concerning the issue of religious displays on its website at www.aclj.org. The American Center for Law and Justice is an international law firm and educational organization that focuses on First Amendment issues and is involved in pro-family, pro-life, and pro-liberty cases.