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Proponents Press NYC Council on Nativity Scenes In Schools

By Howard M. Friedman

While it is a long time until next Christmas, in New York City a battle over the display of nativity scenes in public schools is back on the political front burner. Yesterday both the New York Times and Gothamist report that City Councilman Tony Avella plans to ask the full City Council to vote within the next few weeks on the issue. Yesterday the question was debated by Council's Education Committee. (New York Times). Currently, the policy of the city's Department of Education permits display of Christmas trees, menorahs and the star and crescent. School officials see these as secular symbols, but they view nativity scenes as purely religious. In 2006, the Second Circuit Court of Appeals upheld the Department of Education's policy against an Establishment Clause attack. (See prior posting.) Avella proposed a similar resolution in 2007 calling on the Department of Education to amend its holiday display policy (full text). Council member Simcha Felder strongly opposes Avella's resolution, and says that he would prefer that all religious symbols be removed.

Full post as published by Religion Clause on January 15, 2009 (boomark / email).