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THE SOUTHERN ISRAELITE November 21, 1986 Page 13 Supreme Court: Christmas symbols illegal by Joseph Polakoff TSl's Washington correspondent WASHINGTON—The Su preme Court has again held that officially sponsored symbols of Christmas constitute impermiss ible government endorsement under the Constitution’s separa tion of church and state. It also found that under the Civil Rights Act of 1964 as amended, com panies must try to accomodate the religious practices of employ ees such as not working on the Sabbath or their holidays. Its views came in the form of refusal without comment to re view decisions by U.S. appellate tribunals in two cases. One upheld the Seventh Circuit Court’s deci sion, written by Judge Richard Posner, that barred officials in the Chicago suburb of St. Charles, Ill., from forming a cross in lights on the roof of the city’s fire department building. The other let stand the Third Circuit Court’s order for Volkswagen of Amer ica to pay back wages and bene fits to an employee who was dis missed after insisting she have Saturdays off for religious rea sons. In the downtown section of St. Charles, Christmas has been marked for more than a decade by a display spread over six acres that included Santa Claus, rein deer, Christmas trees and wreaths. Included was a cross of lights strung on a television aerial and crossbar 35 feet above the fire house. Two city residents, Joan Mark- ley and Kathryn Giuntoli, sued last year before Christmas that displaying the cross was uncon stitutional. A U.S. district court blocked lighting of the cross. Last June its opinion was upheld by the circuit court. Lawyers for St. Charles contended the injunc tion was “a stilted overreaction to a legitimate observance of the Christmas holiday season.” They also held that the cross is not purely religious but supports a secular purpose of benefiting the display area’s merchants. The circuit court held that “when prominently displayed on a public building that is clearly marked as and known to be such, the cross dramatically conveys a message of governmental support for Christianity, whatever the in tentions of those responsible for the display may be.” In a Rhode Island casein 1984, the Supreme Court allowed the inclusion of a nativity scene in a Christmas display sponsored by retail merchants and the city of Pawtucket that was located in a park owned by a non-profit or ganization. Earlier in the Supreme Court’s current session the trib unal allowed to stand a decision barring the city of Birmingham, Mich., from erecting a nativity display on the lawn of its city hall. In an 8-1 decision in June 1985, the Supreme Court ruled against a law in Connecticut that required employers to give em ployees their Sabbath day off. Its opinion, written by then Chief Justice Warren Burger, held that the law advanced religion in vio- The Supreme Court upheld the Seventh Circuit Court’s decision, written by Judge Richard Posner, that barred officials in the Chicago suburb of St. Charles, ill., from forming a cross in lights on the roof of the city’s fire department building.’ lation of the First Amendment requiring church-state separation. The present chief justice, Wil liam Rehnquist, alone dissented from the Burger opinion. In the current case, however, the appellate court ruled an em ployer must try to accomodate such employees although it was not totally required to do so. The case was brought against Volks wagen in 1979 by Angeline Pro- tos, a member of the Worldwide Church of God, who worked on the assembly line of its plant in New Stanton, Pa. Ms. Protos asked not to work Saturdays. Volks wagen rejected her request and fired her after she did not show for Saturday work. The court ordered the com WE CARE... IT’S THAT SIMPLE. Try the Medicine Shoppe pharmacy. Our only business is prescriptions and health care Items. We're compact... low priced... fast ser vice. Nothing more...nothing less. Talk with our pharmacist. He'll explain the details of your prescription. Ask about free health care tests... vitamins... Senior and Group discounts. We take time to listen; time to help. BRING THIS AD & SAVE $2.00 ON A NEW OR TRANSFERRED PRESCRIPTION. CUSTOM PRESCRIPTION COMPOUNDING Brad M. Cherson, R.Ph. 215 Clairmont, Decatur, GA 30030, 378-6415 pany to pay Ms. Protos $73,911 in back pay and benefits up to January 1983. She would have been laid off then because of de clining Volkswagen business and not in conjunction with her com plaint. The appellate court held that “unlike the Connecticut sta tute, Title VII does not require absolute reference to the religious practices of the employee, allows for consideration of the hard ships to other employees and to the company, and permits an evaluation of whether the em ployer has attempted to accom odate the employee.” An amendment in 1972 to the Civil Rights Act of 1964 requires employers to show they are unable to accommodate an employee’s religious observance without “un due hardship.” In the Protos case, the court found her absence did not damage the company and it could have met her request. -(» THE HANUKKAH GIFT THAT LASTS ALL YEAR ♦> Just before each Jewish holiday a special package arrives with your child’s name on it. Give your child the Home Start every Jewish child deserves. A year long celebration of being Jewish for ages 4-7. • Holiday songs to sing. • Holiday games to play. • Holiday puzzles to solve. • Holiday decorations to make. • Holiday recipes that small children can help prepare. • Holiday blessings to say along with the grown-ups. • Full-color picture books that explain what each holiday means and how we celebrate it. DELIVERED IIS DECEMBER: HANUKKAH Package • FULL-COLOR HANUKKAH PICTURE BOOK A child's-eye view of the heroic Maccabees, the Menorah. the dreidel. and the happy holiday in which they all play a part. • PLAY AND LEARN HANUKKAH MAGAZINE A dreidel to color, cut out. and play with Hanukkah gelt game A Menorah that parent and child can make together. Easy way to make latkes and how a small child can help A poster-size picture of Judah Maccabee to hang on the wall and paper latkes to feed him while you are blindfolded. 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DELIVERED IN SEPTEMBER ROSHHASHANAH Package (includes Yom Kippur and Sukkot) * TWO FULL-COLOR FALL HOLIDAY BOOKS High Holy Days: a child's introduction to the shofar. Kol Nidre. and the concept of atonement, written and illustrated with a quiet reverence. Sukkot Why we build a sukkah The great Simhat Torah parade in the synagogue * PLAY AND LEARN FALL HOLIDAYS MAGAZINE New Year's cards to make and send to people you like a lot Make your decorations to hang in the sukkah Color your own Simhat Torah flag and take it to the syn agogue to wave in the parade. DELIVERED NOW: PARENT Package ♦ PARENTS HANDBOOK Keyed to the materials the child will receive for each holiday ♦ FULL-COLOR PICTURE BOOK A small child's introduction to the idea of prayer as "talking to God ” ♦ CASSETTE TAPE Holiday stories and songs Have your own sing-along on every holiday. To order, mail this coupon to For further Information contact: THE ATLANTA BUREAU OF JEWISH EDUCATION. INC. 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