Myths and Legal Principles of Christmas

These are myths and legal principles of Christmas. Contrary to the beliefs of some, Christmas carols may be sung at public schools, you can say Merry Christmas, and you can even hang religious symbols at school!

Myth: A teacher may not display any religious symbol in a public school.

Legal Principle: Government displays, which include displays in public schools and libraries, may include religious along with secular symbols.

Myth: Students and teachers cannot sing Christmas carols in school classrooms or school concerts.

Legal Principle: Christmas carols may be sung in public school concerts and classrooms without offending the Constitution as long as the concert includes other secular songs.

Myth: Teachers may not teach about the religious origins of Christmas in the classroom or read the nativity story from the Bible.

Legal Principle: Teachers may recognize and teach the origins of the cultural and religious holidays of all faiths, and should particularly focus on the various faith expressions of students who are present in the classroom.

Myth: Public schools must call their winter break a Winter Holiday instead of Christmas.

Legal Principle: Schools may refer to the school break in December as "Christmas Vacation" both in class and on school district calendars without offending the Constitution The Supreme Court has acknowledged with approval the fact that the United States government and all state governments have long recognized Christmas as a national cultural and traditional holiday - most recently in 5 U.S.C. § 6103(a) (2005).

Myth: School districts should prohibit teachers and students from saying "Merry Christmas."

Legal Principle: The U.S. Supreme Court has said that neither teachers nor students "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." Teachers and students may greet each other with the words "Merry Christmas," since that phrase is a simple greeting used by all Americans at this time of year, whatever their religious beliefs might be.

Myth: Students may not give other students presents or cards with religious symbols.

Legal Principle: The Constitution requires the government to accommodate all religions, not merely to tolerate them, and certainly not to show hostility towards them. Students have a free speech right to give whatever gifts they choose to others, even when those gifts are religious.