HALLOWEEN JURISPRUDENCE

I detour briefly from water and waste water to acknowledge Halloween with an interesting court decision.

A Florida court addressed the issue whether a grade school Halloween celebration violated the establishment clause of the U.S. Constitution. The First Amendment states stat no law shall be made respecting establishment of religion.

A parent objected to decorations in the public elementary school depicting witches, cauldrons and brooms and objected to teachers dressed as witches in long, black dresses and pointed hats. The parent alleged that witchcraft is a religion, Halloween is a religious holiday and witches in long, black dresses, cauldrons and brooms are religious symbols for some people. The parent sued to enjoin schools from including such decorations and costumes in Halloween celebrations.

According to the court, the school board presented evidence that "a number of teachers dressed in Halloween-related costumes, including a clown costume, a Ronald Reagan costume, and a witch costume; a member of the PTA put up a carnival poster which depicted a Halloween witch stirring a pot; some classes hold storybook dress-up day, where the teacher dresses as a book character; on one occasion, a teacher dressed as a witch from the Wizard of Oz; the book Streganona, an award-winning fairy tale with a witch character, has been read in conjunction with the festivities; these activities have been displayed in a secular and non-sectarian fashion and there has been no attempt to teach or promote wicca, satanism, witchcraft or any form of religion; costumes and decorations simply serve to make Halloween a fun day for the students and serve an educational purpose by enriching the educational background and cultural awareness of the students."

The school board also presented professor of religion, who disputed that Halloween was a religious festival and that Halloween symbols were religious in nature. He asserted that Halloween celebration is a secular event without religious connotations.

The court affirmed the lower court decision that the symbols in question do not constitute an establishment of religion and do not violate the Constitution. The court stated that there was no doubt that the festivities and decorations served a secular purpose and that the Halloween symbols were not an endorsement or promotion of religion.

The court quoted from a U.S. Supreme Court decision: "The First Amendment does not prohibit practices which by any realistic measure create none of the dangers which it is designed to prevent and which do not so directly or substantially involve the state in religious exercises or the favoring of religion as to have meaningful and practical impact. It is of course true that great consequences can grow from small beginnings, but the measure of constitutional adjudication is the ability and willingness to distinguish between real threat and mere shadow." The Florida court concluded, "witches, cauldrons, and brooms in the context of a school Halloween celebration appear to be nothing more than a mere "shadow". if that, in the realm of establishment cause jurisprudence." GUYER V. SCHOOL BOARD, 634 S.2d 806 (Fl. D.Ct.App. 1994)

Best witches for a happy Halloween!