A nativity scene displayed for decades in front of Coplay Borough Hall has been deemed unconstitutional, prompting borough officials to move the display off government property this past holiday season. Instead, they opted to place the display on the St. Peter Roman Catholic Church grounds, 4 S. Fifth St.

Based on a complaint sent to the Americans United for the Separation of Church and State (AU), borough officials received a letter April 1, 2019, from AU informing of the U.S. Constitution violation. In the letter, AU explained the established legal cases as support of its position.

A Right to Know Law request for all correspondences between the borough and AU was requested.

The U.S. Constitution in Amendment One of the Bill of Rights states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free expression thereof.”

The founders wanted to avoid a government religion based on their experiences with the Church of England excesses under the English kings.

AU explained Coplay Borough “is composed of citizens of many faiths and of no particular faith.”

Coplay Borough’s “display of a nativity scene standing alone at a government building sends the message that the borough endorses Christianity. It therefore violates the Establishment Clause of the First Amendment to the U.S. Constitution. We write to ask that you refrain from displaying the nativity scene on public property in the future.”

AU reported the borough’s solicitor sent the group a letter stating the borough “will not display the nativity scene in the future.”

In September 2019, Richard Hess reportedly asked council for direction on replacing the nativity scene. Hess, a member of the Coplay Borough Recreation & Welfare Association, said he would work with the solicitor and council to determine what would satisfy the legal requirements.

It was decided and agreed upon to display the nativity scene at the local church.