(Download) "Mark A. Kaplan v. City Burlington and Robert Whalen" by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Mark A. Kaplan v. City Burlington and Robert Whalen
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 12, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
We are called upon once again to consider the constitutionality of the unattended, solitary display on public property of an obviously religious symbol during the Christmas holiday season. This time, however, the symbol on display is not a creche, as it was when this court last wrestled with the issue, but a menorah. Since our decision in that case, the Supreme Court has decided County of Allegheny v. ACLU, 492 U.S. 573, 109 S. Ct. 3086, 106 L. Ed. 2d 472 (1989). Although there are several separate opinions in Allegheny, with various concurrences and dissents, we believe that they indicate that the display of the menorah in this case is unconstitutional. Accordingly, for reasons developed more fully below, we reverse the judgment of the United States District Court for the District of Vermont that allowed the display, and remand for entry of judgment for plaintiffs.