Christmas is Legal After All
One of the major battlegrounds in the conflict over the alleged separation of church and state is Christmas. Although many a secularist gladly enjoys a paid vacation courtesy the seasonal break created in honor of Christmas, they often attack the public displays celebrating the 25th of December, especially the religious meaning to the season. Groups like the American Civil Liberties Union frequently target manger scene displays and references to Christmas on government property, be it yuletide trees or calendars suspended with care. They do this, of course, while also denying the existence of a "War on Christmas." Yet, as seen in two pieces of government code and legislation, Christmas is far more deserving of being on government property than any other religion.
Act Of Congress
June 28, 1870
An Act making the first Day of January, the twenty-fifth Day of
December, the fourth Day of July, and Thanksgiving Day, Holidays,
within the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following days, to
wit: The first day of January, commonly called New Year's day, the
fourth day of July, the twenty-fifth day of December, commonly called
Christmas day, and any day appointed or recommended by the President
of the United States as a day of public fast or thanksgiving, shall be
holidays within the District of Columbia, and shall, for all purposes
of presenting for payment or acceptance of the maturity and protest,
and giving notice of the dishonor of bills of exchange, bank checks
and promissory notes or other negotiable or commercial paper, be
treated and considered as is the first day of the week, commonly
called Sunday, and all notes, drafts, checks, or other commercial or
negotiable paper falling due or maturing on either of said holidays
shall be deemed as having matured on the day previous.
APPROVED, June 28, 18701
This is not the only measure taken by the federal government, as seen with this later action on the part of Washington, DC:
§ 6103. Holidays
(a) The following are legal public holidays:
New Year’s Day, January 1.
Birthday of Martin Luther King, Jr., the third Monday in January.
Washington’s Birthday, the third Monday in February.
Memorial Day, the last Monday in May.
Independence Day, July 4.
Labor Day, the first Monday in September.
Columbus Day, the second Monday in October.
Veterans Day, November 11.
Thanksgiving Day, the fourth Thursday in November.
Christmas Day, December 25.
(b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rules apply:
(1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal holiday for—
(A) employees whose basic workweek is Monday through Friday; and
(B) the purpose of section 6309 [1] of this title.
(2) Instead of a holiday that occurs on a regular weekly non-workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee.
(3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs.
This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday.
(c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by section 2105 of this title and individuals employed by the government of the District of Columbia employed in the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the cities of Alexandria and Falls Church in Virginia. When January 20 of any fourth year after 1965 falls on Sunday, the next succeeding day selected for the public observance of the inauguration of the President is a legal public holiday for the purpose of this subsection.
(d)
(1) For purposes of this subsection—
(A) the term “compressed schedule” has the meaning given such term by section 6121 (5); and
(B) the term “adverse agency impact” has the meaning given such term by section 6131 (b).
(2) An agency may prescribe rules under which employees on a compressed schedule may, in the case
of a holiday that occurs on a regularly scheduled non-workday for such employees, and
notwithstanding any other provision of law or the terms of any collective bargaining agreement,
be required to observe such holiday on a workday other than as provided by subsection (b),
if the agency head determines that it is necessary to do so in order to prevent an adverse agency impact.2
In other words, not only should Christmas be allowed on government property, but it should be given the same respect as Labor Day, Thanksgiving, and Memorial Day. Something to think about when the next major effort on the part of the ACLU to censor Christmas manifests in our Republic.
1. Found at http://clerkkids.house.gov/laws/inspectLaw/inspect_TextAll.html, accessed December 17th, AD 2007.
2. Found at http://www4.law.cornell.edu/uscode/5/6103.html, accessed December 17th, AD 2007.