Board of Trustees of Scarsdale v. McCreary

However, in 1981, the Village Board of Trustees began barring the placement of nativity scenes in the park due to increasing opposition from residents, fifty percent of whom were Jewish, who deemed it "unneighborly" and "insensitive."In 1983, the Creche Committee along with a group of twelve residents (one of whom is resident Kathleen McCreary), referred to as the Citizens' Group, brought a suit against the Scarsdale Board of Trustees in the U.S. District Court for the Southern District of New York, arguing that the Board's withdrawal of permission to display the nativity scene in the park was a violation of the First Amendment's protection of free speech and free exercise of religion.[4] The Scarsdale Board interpreted the court of appeals' decision to mean it was compelled to display the nativity scene on public land.At issue was whether the display of a privately sponsored nativity scene, a religious symbol, on public land was a violation of the separation of church and state laid out in the Establishment Clause of the First Amendment to the Constitution.[6] Justices O'Connor, Rehnquist and White during oral argument disagreed with the Village's interpretation of the appeals court's decision as meaning it was compelled to display the nativity scene on public lands.
Supreme Court of the United StatesL. Ed. 2dU.S. LEXISF. Supp.S.D.N.Y.2d Cir.Court of Appeals for the Second Circuitnativity sceneWarren E. BurgerWilliam J. Brennan Jr.Byron WhiteThurgood MarshallHarry BlackmunLewis F. Powell Jr.William RehnquistJohn P. StevensSandra Day O'ConnorUnited States Supreme Courtper curiamEstablishment ClauseFirst AmendmentVillage of ScarsdaleWestchester County, New YorkcrechesChristmasJewishU.S. District Court for the Southern District of New Yorkfree speechfree exercise of religionCharles E. Stewart, Jr.establishment of religionUnited States Court of Appeals for the Second CircuitWidmar v. VincentLynch v. Donnellyremandedseparation of church and stateJustice PowellJustices O'ConnorRehnquistList of United States Supreme Court cases, volume 471U.S. Supreme CourtFirst Amendment to the United States ConstitutionMarsh v. ChambersCounty of Allegheny v. American Civil Liberties UnionVan Orden v. PerryMcCreary County v. American Civil Liberties UnionPleasant Grove City v. SummumSalazar v. BuonoTown of Greece v. GallowayAmerican Legion v. American Humanist AssociationWalz v. Tax Comm'n of the City of New YorkBob Jones University v. United StatesEstate of Thornton v. Caldor, Inc.Corp. of Presiding Bishop v. AmosTexas Monthly, Inc. v. BullockCity of Boerne v. FloresCutter v. WilkinsonEverson v. Board of EducationFlast v. CohenLemon v. KurtzmanTilton v. RichardsonCommittee for Public Education v. NyquistValley Forge Christian College v. Americans United for Separation of Church & StateMueller v. AllenAguilar v. FeltonWitters v. Washington Department of Services for the BlindZobrest v. Catalina Foothills School DistrictBoard of Ed. of Kiryas Joel Village School Dist. v. GrumetAgostini v. FeltonMitchell v. HelmsZelman v. Simmons-HarrisLocke v. DaveyArizona Christian Sch. Tuition Org. v. WinnTrinity Lutheran Church v. ComerEspinoza v. Montana Department of RevenueCarson v. MakinOklahoma Statewide Charter School Board v. DrummondMcCollum v. Board of EducationZorach v. ClausonEngel v. VitaleAbington School District v. SchemppEpperson v. ArkansasStone v. GrahamWallace v. JaffreeEdwards v. AguillardWestside Community Board of Ed. v. MergensLee v. WeismanSanta Fe Ind. School Dist. v. DoeElk Grove Unif. School Dist. v. NewdowKennedy v. Bremerton School Dist.Lamb's Chapel v. Center Moriches Union Free School Dist.Capitol Square Review & Advisory Board v. PinetteRosenberger v. Univ. of VirginiaGood News Club v. Milford Central SchoolShurtleff v. City of BostonWatson v. JonesUnited States v. BallardPresbyterian Church v. Hull ChurchSerbian Orthodox Diocese v. MilivojevichHein v. Freedom From Religion FoundationBlue lawsMcGowan v. MarylandBraunfeld v. BrownTorcaso v. WatkinsMcDaniel v. PatyHarris v. McRaeLarkin v. Grendel's Den, Inc.Bowen v. KendrickTrump v. Hawaii