These nativity displays represent classic free speech and the free exercise of religious faith by private citizens in the public square. The Biblical scenes have not gone up without controversy.
“Atheist groups may mock our message, but we will not be silent. It is critical that Christians proclaim the Gospel message to their fellow citizens,” said Tom Brejcha, Thomas More Society President and Chief Counsel. “Anti-Christian, anti-Christmas rhetoric and Satanic expositions merely serve to provide sharp emphasis by means of their stark contrast with the positive, uplifting, hopeful and joyous message of Christmas,” he added, “A message that bears secular as well as religious significance, as it highlights the hope and miracle of birth and new life, the inherent dignity of each and every human being, focusing our attention on the humble and lowly infant wrapped in swaddling clothes and laid in a manger amidst straw and animals, honored by shepherds and kings alike and heralded by choirs of angels. That message of the essential equality and dignity of all human beings, no matter how rich or poor, humble or high-stationed, resonates deeply with the values that Americans cherish.”
Last Christmas, the Freedom from Religion Foundation and the American Civil Liberties Union tried to force officials in Franklin County, Indiana to dismantle the privately funded and privately sponsored nativity scene that has been displayed on its courthouse lawn every Christmas for over fifty years. The Christian crèche was one of several private displays set up at the county complex throughout the year. The Thomas More Society defeated both organizations in the Indianapolis federal court. The atheist groups’ claim that the private manger scene was an “establishment of religion by the government” was rebuffed as legally baseless. The court ruled that Christian citizens have a right to display a nativity scene on their local courthouse lawn, which qualifies as a “designated public forum.”
This controversy is not new. Almost thirty years ago, a lawsuit had to be filed to protect Chicago’s Daley Plaza nativity scene and prevent physical destruction of the Holy Family statues. City and county officials tried to suppress the right of Christians to express their religious faith in that traditional public forum, where political rallies, ethnic celebrations and other cultural events had been regularly staged. Private attorney Jennifer Neubauer persuaded the late Chief United States District Judge James B. Parsons to enter a permanent injunction, enjoining the authorities from this “discrimination” against religious expression in Chicago’s “public square.”
“The nativity displays represent a constitutionally protected expression by private citizens in traditional or designated public forums, where the sole role of the government is that of a viewpoint-neutral gatekeeper assuring open access for all citizens to have their say,” explained Brejcha. “If the First Amendment entitles you to get up on your soapbox and plead for a candidate or advocate a political point of view in a public forum, then equally you may get on the soapbox and proclaim the joyous, hopeful message of the Christ child!”
(Source: Christian Newswire)