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Does government property have to religion-free?
No. Government property need no be free of religious references, symbols, or messages, so long as the government does not appear to endorse any specific religion. Whether a particular display is constitutional depends heavily on the particular circumstances.
Temporary displays (such as holiday displays), may contain religious elements if the display, taken as a whole, does not promote a religious message or indicate government endorsement of religion. For example, a Nativity scene together with non-religious holiday symbols, such as Santa Claus and candy canes, would probably be allowed, but not a Nativity scene standing alone would not be.
Permanent displays (such as monuments) may contain religious element if the purpose and primary effects of the display are secular—in other words, if a reasonable observer would not believe the government means to endorse a particular religion.Share
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