Creche Not Entirely Quashed: Stay Pending Appeal of Dispute about Public Christmas Display Denied, but County’s Conformity to Establishment Clause Need Not Preclude All Religious Elements


Woodring v. Jackson County, Indiana, No. 4:18-cv-00243 (S.D. Ind.)  November 3, 2020.


The federal trial court in Indiana has concluded that Jackson County is not likely to prevail on the merits of its defense as a public Christmas display focused on the birth of Jesus, surrounded by secular figures, cannot convey anything other than an endorsement of a religious view and have anything other than a religious purpose, given its undisputed Christian symbolism and its failure to serve any secular end.

Although the court concluded that no passerby suffered religious coercion by virtue of viewing the display, deficits in two prongs of the Seventh Circuit’s tests for Establishment Clause violations, the count could not demonstrate the likelihood of success on the merits needed to enter a stay pending appeal.

The court observed that the presentation of a public Nativity scene has not been precluded but rather that the county has been permitted to bring its presentation into conformity with the Establishment Clause.

Woodring v. Jackson Cnty. (S.D. Ind. 2020)