Legal Opinion

Kaplan v. City of Burlington

Court of Appeals for the Second Circuit

Decided December 12, 1989No. 469, Docket 89-7042PublishedCited by 57 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

We are called upon once again to consider the constitutionality of the unattended, solitary display on public property of an obviously religious symbol during the Christmas holiday season. This time, however, the symbol on display is not a creche, as it was when this court last wrestled with the issue,1 but a menorah. Since our decision in that case, the Supreme Court has decided County of Allegheny v. ACLU, — U.S. -, 109 S.Ct. 3086, 106 L.Ed.2d 472 (1989). Although there are several separate opinions in Allegheny, with various concurrences and dissents, we believe…

2Cases cited7 opinions

  1. Widmar v. VincentSupreme Court of the United States · 1981
  2. Lynch v. DonnellySupreme Court of the United States · 1984
  3. County of Allegheny v. American Civil Liberties UnionSupreme Court of the United States · 1989
  4. Wallace v. JaffreeSupreme Court of the United States · 1985
  5. American Jewish Congress v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1987

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3Cited by57 opinions

  1. Vasquez v. Los Angeles CountyCourt of Appeals for the Ninth Circuit · 2007
  2. Howard T. Kreisner v. City of San DiegoCourt of Appeals for the Ninth Circuit · 1993
  3. Skoros v. City of New YorkCourt of Appeals for the Second Circuit · 2006
  4. Congregation Lubavitch and Rabbi Sholom B. Kalmanson v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 1991
  5. Americans United For Separation Of Church And State v. City Of Grand RapidsCourt of Appeals for the Sixth Circuit · 1992

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