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Konstytucyjność bożonarodzeniowej symboliki w przestrzeni publicznej w świetle orzecznictwa sądów Stanów Zjednoczonych

100%
Maroń G.
Przegląd Sejmowy
|
2018
|
issue 3(146)
123–141
EN
The article deals with the issue of legality of displaying Christmas symbols, in particular creche, on public property. The problem is considered in the context of the constitutional freedom of speech and the Establishment Clause in the U.S. legal order. In the case law it is assumed that a presentation of creche in public space is constitutional, provided that the Nativity scene is a part of a display also featuring secular holiday symbols, such as Santa Claus, reindeer, snowman or Christmas tree. According to the author, the so-called “plastic reindeer rule” trivializes religion and reduces creche to a fairy-tale ornamentation. The author is of the opinion that public authorities can constitutionally use an “unsecularised” symbol of creche to show historical, religious origin of Christmas.
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Prawo do krzyża w przestrzeni publicznej. Odpowiedź stowarzyszeniu humanistów

86%
Kudła W., Longchamps de Bérier F.
Forum Prawnicze
|
2019
|
issue 4 (54)
19–37
EN
The paper focuses on the right of citizens who are believers and nonbelievers to the Cross’s presence on public land or in prominent public buildings. The au- thors support arguments used in the 2019 case of the United States Supreme Court American Legion v. American Humanist Association by outcomes of legal analyses presented during the 2011 controversy concerning the presence of the Cross in the chamber of the Polish parliament. There seems to be no logical con- nection between the presence of the Cross in public places and the government’s impartiality in religious matters. The Cross does not threaten the impartiality as it fulfills an important social function: it calls for readiness to sacrifice in the name of the good of other people. The right to the Cross becomes an expression of sincere concern for the common good and of true humanism. The people’s expectation that their right to the Cross is respected proves to be both legitimate and constitutional in Poland and in the United States. It is true particularly when the Cross had already been present on public land for a significant period of time. An act of establishing the Cross in public space is different in its nature from demolishing the Cross by cutting its arms or removing it completely from any public space.
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