With respect, Eugene, doesn't it make sense to find out how various
Christians understand the meaning of Christmas trees before leaping to a
categorical acontextual conclusion as to its meaning for Christians?

While I am not sure that I completely agree with Doug on the question of
the display of Christmas trees, surely a possible basis for Doug's view
is that Christmas trees are religious symbols.  If, in fact, that is
what they are, or at least some reasonable number of Christians so
believe, then isn't Doug right, or at least very close to being right?
(If I disagree with Doug, it is because I am still attracted, perhaps
irrationally so, to the notion that the government can properly express
support and appreciation for our various forms of diversity, including
religious diversity.  Although I would be the first to argue that the
devil is in the details, and I might, for prudential reasons, want to be
cautious in approving such expressions.)  

-----Original Message-----
From: Volokh, Eugene [mailto:[EMAIL PROTECTED] 
Sent: Tuesday, November 29, 2005 1:47 PM
To: Law & Religion issues for Law Academics
Subject: RE: Christianity as taint

        Doug's response assumes, it seems to me, that a Christmas tree
is an issue of religion (as opposed to abortion, which is treated as not
an issue of religion).  Michael (see below) suggests that it is, because
there's not much of a distinction between religious symbols and symbols
associated with religious holidays; but I don't think that's right:  Egg
nog, Easter egg hunts, the Easter bunny, and for that matter the Winter
holiday gift-giving tradition in the U.S. are all associated with
religious holidays, but they do not themselves carry a religious
message, or (to use the modern Establishment Clause test) a message that
endorses a particular religious viewpoint.  The Christmas tree, it seems
to me, fits within the same category.

        Finally, Marty asked, near the start of the thread, "Does any of
us 'complain[] about publicly displayed Christmas trees'?"  It seems to
me that some recent posts make clear that the answer is "yes."  The
complaints are often quite thoughtfully expressed (as Doug's are), but
they certainly are there.

        Eugene

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