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The Impact of a 2015 Supreme Court Decision on the Removal of Public Menorahs and Prayer


The court had ruled that the state must maintain religious neutrality, which stems from an ‘evolving interpretation of freedom of conscience and religion.’

Religion’s place in the public space has been put in question recently, both by the cancelling of a Jewish Menorah and nativity scene in Moncton and the military banning chaplains from public prayer.

In both cases, authorities have cited a 2015 decision by the Supreme Court to justify their actions. In both cases also, public backlash forced the authorities to reconsider the moves they said were meant to foster more “inclusion.”

The City of Moncton reversed its decision on Dec. 4 to not display the traditional Jewish Menorah and nativity scene at city hall during the holiday period.
“As a growing city, Moncton is continuously evolving its posture with respect to diversity, equity, and inclusion,” said Mayor Dawn Arnold in a statement. “The City wanted to be more inclusive toward our community by repositioning these faith symbols; however, we obviously fell short in this transition.”

The city said the initial decision to cancel the holiday tradition had been made in concert with the city’s “Workplace Diversity, Equity, and Inclusion Policy” and its Social Inclusion Plan. It also said discussions were held with the New Brunswick former commission on systemic racism.

The Moncton Jewish Community also said it was informed by the city the Menorah would not be lit at city hall, citing the Supreme Court opinion and thus ending a 20-year tradition.

The Minister of National Defence Advisory Panel on Systemic Racism and Discrimination released a report in January 2022 which provided advice for “re-defining the chaplaincy.” It says that “religion can be a source of suffering and generational trauma,” especially for many LGBT individuals and indigenous people.



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