Pyrrhic Victories: How the Secularization Doctrine Undermines the Sanctity of Religion

Abstract

The Supreme Court has sanctioned displays of Christian crèches,1 Jewish menorahs,2 and the Judeo-Christian Ten Commandments.3 Lower courts have rejected Establishment Clause claims against the display of the Latin cross on public property.4 All of these decisions justify the inclusion of religious symbols in public venues on the grounds that they are not actually religious. Though this rationale seems to embrace a bizarre contradiction, federal courts have ruled that in these particular contexts, the government is not recognizing the religious importance of these icons but rather the secular or historical values that the symbols also underscore. Alternatively, courts have declared that the placement of secular symbols near the religious ones effectively wash away their theological significance. Ironically, many.