In Cincinnati, Ohio a U.S. District Judge in December 1999 threw out a lawsuit challenging the constitutionality of observing Dec. 25 as a federal holiday. The ruling stated that Christmas is celebrated by non-Christians as well as Christians. Susan Dlott said in her dismissal of the lawsuit that just as Christians observe Christmas as a celebration of the birth of Jesus Christ, non-Christians celebrate the occasion to welcome the arrival of Santa Claus.

Therefore, she said, Christmas cannot be regarded as a holiday that establishes one religious faith above all others in violation of the demand for a separation of church and state enshrined in the U.S. Constitution's First Amendment. The judge used some original poetic verse to make her point, writing:

Whatever the reason,
constitutional or other,
Christmas is not,
an act of Big Brother.

Richard Ganulin, 48, a lawyer who filed the suit, said he would appeal the dismissal to the Cincinnati-based U.S. Sixth Circuit Court of Appeals on grounds that the judge did not treat the issue with the "strict scrutiny" it deserved.

"She never said what she really meant when she implied that Christmas should be considered as a secular holiday as much as a religious occasion," said Ganulin, who is a member of the city of Cincinnati legal staff but filed the suit last August as an individual.

Ganulin said he realized he had "a long row to hoe" in his quest to end the federal observance of Christmas as a holiday, but expressed hope that the case ultimately would be decided by the U.S. Supreme Court. A Washington-based organization of U.S. Christian employees was granted its request to be added to the lawsuit as a defendant along with the U.S. government.