HOLIDAY ACTIVITY IN PUBLIC SCHOOLS

I. Introduction
II. Legal Background

a. First Amendment

i. Establishment Clause
ii. Free Exercise Clause

b. Supreme Court Decisions

i. The “Lemon-Test” - Constitutional if:

1. Legitimate, secular, non-religious purpose for activity
2. Primary effect of activity neither advances nor hinder religious belief or practice
3. Does not foster excessive entanglement between government and religious concerns

III. The Secular and Religious Sides of the Holidays
IV. Permissible Activities

a. Christmas concerts
b. Student prayer – not organized by staff and not during educational program
c. Secular symbols – Christmas trees and Santa Claus
d. Holiday parties – involving only secular symbols or activities
e. Christmas caroling – songs with primarily secular focus
f. Gift exchanges, sleigh rides, viewing of Christmas movies

V. Impermissible Activities

a. School led prayer
b. School led religious songs
c. Overtly and exclusively Christian displays
d. School sponsorship or organization of student religious groups