City — not church — gets to decide on banners (Goes to the Santa Fe New Mexican)

Summary of the Establishment Clause violation by the city’s historic council (part of the government):

Merchants promoting a historic district of the city wanted to put up lamp post banners with the Virgin of Guadalupe. This is not the Establishment Clause violation, as the district and a major street are named after the Catholic icon.

Where the Establishment Clause comes in is when two of the council members wanted to know why they didn’t get permission from the Shrine of Our Lady of Guadalupe, which is near the area.

From the article:

What? Board member Frank Katz is quoted as saying, “You should have contacted the church beforehand.” Board member Jennifer Biedscheid is quoted as saying, “We need to be mindful of the church’s opinion.” Why? What church? The article makes reference to the Shrine of Our Lady of Guadalupe.

Why would this church’s opinion be important? Do they own a patent on the image? Doubtful, given that the image goes back hundreds of years and appears on everything from coffee cups and T-shirts to velvet posters and motorcycle jackets.

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