Woodring v. Jackson County, No. 20-1881 (7th Cir. 2021)

Summary of Opinion:

This case concerns the constitutionality of a nativity scene on government property. Each  holiday season, Jackson County, Indiana allows private groups to set up a lighted Christmas display on the front lawn of its historic courthouse. The  display  comprises  a nativity scene, Santa Claus in his sleigh, a reindeer, carolers, and large candy-striped poles. Rebecca Woodring, a resident of Jackson County, sued the County to enjoin the nativity scene. In her view, the nativity scene violates the First Amendment’s Establishment Clause because it conveys the County’s endorsement of a religious message. The County defends the nativity scene as part of its secular celebration of a public holiday. The district court sided with Woodring and permanently enjoined the County from displaying the nativity scene, at least in its current arrangement. The County now appeals.

We agree with the district court that Woodring has standing to sue, but we hold that the County’s nativity scene complies   with  the  Establishment  Clause. The  district  court  thought itself bound by the “purpose” and “endorsement” tests that grew out of the Supreme Court’s decision in Lemon v. Kurtzman,  403  U.S.  602  (1971).  We  hold,  however, that  the  Supreme Court’s recent decision in American Legion v. American Humanist Association, 139 S. Ct. 2067 (2019), requires us to use a different, more historical framework to gauge the constitutionality of the County’s nativity scene. Applying American  Legion,  we  conclude  that  the  County’s  nativity  scene  is  constitutional because it fits within a long national tradition of using the nativity scene in broader holiday displays to celebrate the origins of Christmas—a public holiday. We thus affirm the district court’s ruling on standing, reverse its Establishment Clause ruling, and vacate the injunction.