Any one with lingering doubts about whether law is capable of navigating the nuances of ethics should ponder the Christmas display at the Illinois State Capital, where an effort to avoid state support of religion has resulted in an offensive mockery of it that is inappropriate for any season.

The collision of the Constitution’s Establishment Clause (and the Supreme Court’s  broad interpretation of it) with the cultural, traditional. historical, artistic and commercial aspects of Christmas have created an annual fiasco that looks silly, irritates everyone, and accomplishes nothing constructive. It would be better to have no Christmas display at all, and that fact proves the limitation of law, and the subordination of ethics. Continue reading →