Category: Holidays

Thanksgiving is almost here. You can feel the holiday cheer is in the air. The recent over abundance of political signs is giving way to holiday decorations, some which are clearly religious symbols while others are secular.  What does your community display?

A reader once asked, “If our community allows a Christmas tree and Menorah, doesn’t the Board have to allow a Nativity scene and the Ten Commandments, too?” Interestingly, the answer is most likely, “no”. This result is due to the United States Supreme Court’s guidance as to which objects are “religious” and which items are not. Christmas trees and Menorahs, too, are considered “holiday symbols”, meaning secular. On the other hand, Nativity scenes and the Ten Commandments denote religious symbolism. If the association displays “holiday symbols” then most likely the board would be on solid footing to deny the member’s request. But, if the board is already displaying other religious symbols, then, to avoid a claim of religious discrimination, the member should be allowed to display their requested religious object, too.

In 1989, in the County of Allegheny v. American Civil Liberties Union, the United States Supreme Court held that, “the determination of whether decorations, which presently or have been in the past used for religious purposes, including those used to commemorate holidays, turns on whether the viewers would perceive the decoration(s) to be an endorsement or disapproval of individual religious choices.”  Thus, the constitutionality of the object in question is judged according to the standard of the “reasonable observer”. In this way, the intent of the person who created the holiday/religious display is avoided in favor of the opinion of the “reasonable observer” which was determined our highest Court.

Even though Christmas trees once carried religious connotations, the Supreme Court found that a Christmas tree, by itself, is not a religious symbol. “Today Christmas trees typify the secular celebration of Christmas” the Supreme Court said.  The Court also noted that numerous Americans place Christmas trees in their homes without subscribing to Christian religious beliefs and that Christmas trees are widely viewed as the preeminent secular symbol of the Christmas holiday season.

In contrast, our Nation’s highest Court stated that a menorah is a religious symbol that serves to commemorate the miracle of the oil as described in the Talmud.  However, the Court continued that the menorah’s significance is not exclusively religious, as it is the primary visual symbol for a holiday that is both secular and religious.  When placed next to a Christmas tree, the Court found that “the overall effect of the display to recognize Christmas and Chanukah as part of the same winter holiday season, has attained secular status in our society.”

As to the Ten Commandments, in a 1980 U.S. Supreme Court case, Stone v. Graham, the Court held that the Ten Commandments are undeniably religious in nature and that no “recitation of a supposed secular purpose can blind us to that fact.”  The Court stated that, “the Commandments do not confine themselves to secular matters (such as honoring ones parents or prohibiting murder), but instead embrace the duties of religious observers.”

If a member of your community wants to include their religious symbol in the association’s holiday display, remember to consider the types of symbols already being displayed by the association as compared to the member’s request. Once your community displays religious symbols, then it will need to allow other requested religious symbols to avoid claims of religious discrimination. Use the guidance from the Supreme Court’s cases to differentiate between a secular symbol and a religious symbol.  The rules of kindergarten work best: treat everyone fairly and treat them as you would want to be treated.

Another important holiday decoration issue concerns whether the decoration constitutes a material alteration of the common elements/area? Remember, that subject only to the terms of the declaration of covenants in a condominium association, the unit owners must vote to approve material alterations of the common elements, while in a homeowners’ association, the board of directors governs such decisions.

Some communities, like mine, avoid the holiday decoration versus religious symbol debate altogether. Every year, in my peaceful HOA, an oversized, festive, gloriously secular, huge red bow is hung on each of the entry gates. I look forward to seeing them each year, for then I know holiday cheer is near.