LAVALLETTE — The borough of Lavallette unanimously rescinded a previously-approved facilities use application that would have allowed members of the Lavallette Knights of Columbus Ladies Auxiliary to stage a “living nativity” scene at the bayfront, citing concerns that such a display may unconstitutionally advance a religious cause.
The resolution approving the facilities use application was on the Monday, June 3 meeting agenda. According to the text, the rescinded resolution would specifically approve a “facilities use application to Knights of Columbus Ladies Auxiliary to hold a re-enactment of a living nativity on Dec. 14, 2024 from 5 to 9 p.m. with tent, manger, chairs, temporary fence, independent lights, generator and live animals such as sheep, donkey and camel.”
“Based on the totality of the circumstances as presented, (it) may violate Supreme Court holdings with respect to this, as it is done on public property,” said Borough Attorney William Burns at the June 3 meeting. “However, if there was an appropriate private property, there would be no issues.”
He then offered to do additional research on the topic and the borough’s options in avoiding legal issues. At the Monday, July 1 meeting, Burns gave an update to the council as to his legal advice on the matter.
“After being tasked by the mayor and council to look into this issue, I did a significant amount of research into both federal and state law, looking at several United States Supreme Court cases as well as some New Jersey cases,” said Burns.
“Without belaboring the point, it is my recommendation as the attorney, based on court precedent, that a living nativity scene on public property would not be permissible, especially in the manner in which it has been proposed,” he said. “There does not appear to be any secular purpose behind it; it very clearly advances or encourages one religious belief over another.”
Burns said that, based on his understanding of precedent regarding such religious displays, the Knights of Columbus Ladies Auxiliary should not be permitted to use borough-owned facilities like the bayfront for its nativity. However, he said, there are ways to ease the legal scrutiny of a display by including more secular or pan-religious holiday symbols.
“Specifically talking about a nativity scene; the American Civil Liberties Union (ACLU) (says that) there can only be one reason that a creche, or nativity scene, would be there, and that would be the advancement of Christianity,” Burns said. “There are ways to give it a more secular purpose that includes other non-Christian-denominational decorations as well as completely non-religious decorations.”
“Some examples would be: a large-scale menorah on the same scale as the living nativity scene, an acknowledgement of Kwanzaa on the same scale…as well as some secular symbols like Santa Claus,” he said. “But, as it is being applied for, it’s advancing a religious purpose and is non-secular in nature.”
Following this, the mayor reiterated that the auxiliary would be free to hold such a display in the parking lot of St. Pio of Pietrelcina Catholic Church, where the Knights of Columbus Ladies Auxiliary holds its meetings, to which auxiliary president Joyce Kobylarz responded that would “definitely” be possible.
Councilman Robert Lamb made a motion to rescind the facilities use application approval, seconded by Councilman James Borowski. The motion was approved unanimously.
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