I used to think the Christmas Wars were strictly an American thing, like corn dogs and attorneys’ contingency fees. Only in America, I thought, do people seriously argue about whether to allow Christmas trees in public parks or to permit public school choirs to sing “Silent Night” at holiday concerts. The issues become more and more bizarre. This year, a Maryland school district decided to remove even a reference to “Christmas” in the school calendar—as though the reference amounted to religious oppression and removal would make people forget what holiday comes round every twenty-fifth of December.
Our Supreme Court, whose Establishment Clause jurisprudence focuses on factors like the presence of plastic reindeer and talking wishing wells, bears much blame for this state of affairs. But judges in other countries seem eager to replicate our model. Last week, a French administrative court ruled that the town of La Roche-sur-Yon—located, appropriately, in the historically royalist, counter-revolutionary region of the Vendee—must remove a Christmas crèche from its city hall. The court held that the crèche violates the 1905 French Law on the Separation of Church and State, which, according to the court, forbids religious displays like crèches on public property. According to news reports (in French), the court concluded the display was incompatible with the principle of state religious neutrality, or laïcité.
I don’t know enough about French administrative law to evaluate the decision. What I find fascinating, as an outsider, is how closely the French debate tracks the American. The lawsuit seeking removal of the crèche was brought by a secularist group called the “Fédération de la Libre Pensée,” which, I gather, is analogous to American groups like the Freedom from Religion Foundation and American Atheists. The group argues that the crèche “fails to respect the conscience of the citizen” by “imposing” on him a religious display whenever he enters city hall. In response, the town’s supporters evoke cultural traditions more than Christianity. Religious neutrality, they say, does not require abandoning longstanding French customs. What’s next, they ask? Church bells and Christmas lights? They’ve started a popular hashtag campaign #TouchePasAMaCreche.
Each side has to live with its ironies. Notwithstanding the rhetorical commitment to laïcité, French law allows a great deal of entanglement between church and state—more, in some respects, than we would tolerate in the US. (Guess who owns Notre Dame and all other church buildings that existed as of 1905? Hint: it’s not the Church.) On the other hand, the defense of tradition in this case rings somewhat hollow. La Roche-sur-Yon only began displaying the crèche twenty-two years ago.
The city has vowed to appeal the decision. I’ll keep you posted. Meanwhile, here’s a thought. If France has adopted the Christmas Wars, can Black Friday be far behind?
Mark Movsesian is the Frederick A. Whitney Professor of Contract Law and the Director of the Center for Law and Religion at St. John’s University School of Law. His previous blog posts can be found here.
