The cross the nativity scene, hard to draw much of a distinction.
"The Ohio government believed it had first amendment grounds for prohibiting the the KKK’s erection of a cross on such property.
The display was held to be private religious speech, protected also by the first amendment in its free speech clause. The local government felt the display would be understood by other citizens as being erected and mainted by them, but the Supreme Court declared that since Ohio could demand that ALL displays on the property be identified as those of private citizens, they had not presented a compelling reason for turning down the KKK’s permit."
I do wish that a group other than the kkk had won this decision.
"Berger wrote the majority opinion for the case, stating that in the context of the whole scene, the nativity scene did not constitute advocacy of a particular religion, the crèche held a secular purpose, and that a symbol almost two millenniums old cannot "taint" an exhibition, and that a "crèche is no more an advancement of religion than a recognition that the name of the holiday itself derives from "Christ’s Mass." (Gaustad 1999, direct quotation from Lynch v. Donnelly, 465 U.S. 1984.)"
Can you explain to me how the court found that the nativity scene was unconstitutional?
MC, Please remember your comment
"No, you can't put a nativity scene in a public park because not all citizens are Christian. Again, separation of church and state. Put a nativity scene on your front lawn if you want to see one. "
Apparently you can, legally display a nativity scene on public property. In fact the government can with the addition of some other holiday displays.
In my research, I have found that private displays of a nativity scene on public property, may be displayed "as is"