BOARD OF TRUSTEES OF THE VILLAGE OF SCARSDALE ET AL.
v.
MCCREARY ET AL.

U.S. | 1985-03-27
No. 84-277
Justice Powell took no part in the decision of this case.
471 U.S. 83 Supreme Court of the United States (1985) Caution
Also reported at: 85 L. Ed. 2d 63 · 105 S. Ct. 1859 · 1985 U.S. LEXIS 194 · SCDB 1984-070
Cited by 59 cases

Per_curiam
Per Curiam.

Per Curiam.

The judgment is affirmed by an equally divided Court.

Justice Powell took no part in the decision of this case.


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Citator

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  • …s not raise the kind of “public forum” issue, cf. Widmar v. Vincent, 454 U. S. 263 (1981), presented by the creche in McCreary v. Stone, 739 F. 2d 716 (CA2 1984), aff’d by an equally divided Court sub nom. Board of Trustees of Scarsdale v. McCreary, 471 U. S. 83 (1985) (private creche in public park). Nor can the display of the creche be justified as an “accommodation” of religion. See Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos, 483 U. S. 327 (1987). Government…
  • …alth [of Kentucky] of any religion or religious doctrine.’ ”) (quoting District Court); McCreary v. Stone, 739 F. 2d 716, 728 (CA2 1984) (disclaimers must meet requirements of size, visibility, and message; disclaimer at issue was too small), aff’d, 471 U. S. 83 (1985) (per curiam); Parish, Private Religious Displays in Public Fora, 61 U. Chi. L. Rev. 253, 285-286 (1994) (disclaimer must not only identify the sponsor, it [*818] must say “in no uncertain language” that the government’s permit “in no way con…
  • Am. Jewish Cong. v. City OF Chicago, 827 F.2d 120 (7th Cir. 1987)
    …en a traditional part of the city’s holiday festivities for many years; (2) the Supreme Court had made clear in Lynch v. Donnelly, 465 U.S. 668, 104 S.Ct. 1355, 79 L.Ed.2d 604 (1984) and in Board of Trustees v. McCreary, 471 U.S. 83, 105 S.Ct. 1859, 85 L.Ed.2d 63 (1985) that such displays were not unconstitutional; and (3) public sentiment favored such holiday displays. The AJC subsequently sued the city for injunctive and declaratory relief, and for damages and costs, arguing that the display violated the…
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