Is it legal to use taxpayer funds to purchase what some consider a religious symbol to be included in a December holiday display outside of town hall?

The Tiverton Town Council debated this question briefly Monday night before approving $790 for the purchase of a six-foot high electric menorah that will be part of the town’s traditional seasonal display, to be placed alongside a Christmas tree and other holiday decorations on town hall grounds this December.

The menorah, a candelabra used in Jewish worship as part of the celebration of Hanukkah, was part of the town’s holiday display last year. It was a borrowed item, however, and ended up shorting out, according to council vice president Mike Burk.

Burk asked the town to consider purchasing its own menorah for future seasonal displays.

Referencing past decisions of the U.S. Supreme Court, councilor Jay Edwards said the menorah is considered a religious secular item and he did not feel taxpayer funds should be used to purchase one.

Burk disagreed, asking Edwards if he had a problem with taxpayer funds being used for current municipal holiday displays, which include a Christmas tree.

“The Supreme Court has said on several instances that Christmas trees are no longer considered a religious or secular item,” Edwards responded.

Town solicitor Mike Marcello helped settle the question by citing recent court rulings that focused not on the source of funds for the specific purchase of an item, but how it is displayed.

“To protect yourself from a lawsuit,” he advised the council, “it would be beneficial to have other things out there as well.”

He added that an “inclusive” display, which didn’t have the primary purpose of promoting a specific religion or religious belief, would pass muster. Such a display might include the menorah, along with other figures and decorations traditionally associated with Christmas, such as a Santa Claus house, a reindeer and sleigh, candy-striped poles, colored lights and the like.

The council vote to approve the menorah purchase with town contingency funds was 4-1, with Denise deMedeiros, Mike Burk, John G. Edwards V, and Deb Janick in favor and Jay Edwards opposed.