Controversy Smolders Over Lighting of Menorah in Park : Constitution: Ruling allows Chabad of California to erect Hanukkah symbol next to a Christmas tree. The American Jewish Congress plans to appeal the decision.
The Chabad of California will light a Hanukkah menorah next to a lit Christmas tree in a Beverly Hills city park this evening, after winning a federal court decision that pitted two Jewish organizations against one another.
The American Jewish Congress, representing four Jewish residents of the city opposed to any religious symbols in public parks, announced Thursday that it would appeal the decision.
U.S. District Judge Terry J. Hatter Jr. ruled on Dec. 2 that the Chabad, an organization of Hasidic Jews, could erect a 27-foot-high menorah in Beverly Gardens Park, across the street from City Hall, based on a 1989 U.S. Supreme Court decision.
Hatter ruled that the Chabad menorah and Christmas tree must be in close proximity and of comparable size, and both must be lit if either symbol of the holiday season is lighted.
The menorah is a symbol of the eight-day Hanukkah holiday, which celebrates the rededication of the temple in Jerusalem after a victory over foreign occupiers 2,100 years ago. The holiday began on Saturday evening.
Hatter’s decision relied on a 1989 Supreme Court ruling that found that the display of a menorah, a Christmas tree and a sign hailing liberty would be acceptable in the city-county building in Pittsburgh, Pa., and the Constitution would not be violated if symbols of different religions are exhibited next to each other as a display of religious tolerance.
In the Beverly Hills dispute, which dates from 1986, the American Jewish Congress and the American Civil Liberties Union argued that the display in the city park across from public buildings violated the constitutional principle of separation of church and state.
The opponents also argued that the city had turned down requests by residents to put up other symbols, including a cross and a winter solstice display, in the city park.
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