Thomas
More Society defends private rights to freely
express religious belief in
public squares
speech and the free exercise of religious faith in the public square.
As legal counsel for the American Nativity Scene Committee (ANSC) and local
private groups around the country, the Society defends these rights and also
equips Americans to display nativity scenes in their State Capitols and in
other public venues that qualify as traditional and designated public forums.
This year, along with ANSC, Thomas More Society is co-sponsoring nativity
displays – which have been donated by an anonymous benefactor – in the State
Capitols of Illinois, Nebraska, Rhode Island, Georgia, and Texas, and at the
Governor’s Mansion in Oklahoma. Efforts
continue to secure permits for such displays elsewhere around the nation.
The
nativity displays represent classic free speech and free exercise of religious
faith by private citizens in the public square. These displays, however, have
not gone up without controversy.
“Atheist
groups may mock our message, but we will not be silent as 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 – 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 (FFRF) and ACLU tried to force
Franklin County in Indiana to dismantle the privately funded and privately
sponsored Nativity Scene that has been displayed on its courthouse lawn (in
addition to other private displays set up there from time to time throughout
the year) every Christmas for over fifty years. Thomas More Society defeated
FFRF and ACLU in federal court in Indianapolis, where the court rebuffed the
atheist groups’ legally baseless claim that this private display was an
“establishment of religion by the government.” On the contrary, the court
ruled that the Christian citizens had a right to display a Nativity Scene on
their local Courthouse lawn, which qualified as a “designated public forum.”
This
controversy is not a new. Almost thirty years ago, a lawsuit had to be
filed to protect the Nativity Scene (and to prevent physical destruction of the
statues) on Daley Plaza in Chicago, when 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 have been regularly staged. A private attorney, Jennifer
Neubauer, had to file suit and persuade the late Chief U.S. District Judge
James B. Parsons to enter a permanent injunction, enjoining the authorities
from this “discrimination” against religious expression on Daley Plaza.
“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,’” added 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!”
About
the Thomas More Society:
Thomas
More Society is a national not-for-profit public interest law firm dedicated to
restoring respect in law for life, family, and religious liberty. Headquartered
in Chicago, the Society fosters support for these causes by providing high
quality pro bono legal services from local trial courts all the way up
to the United States Supreme Court.
About the American Nativity Scene Committee:
The
American Nativity Scene Committee is dedicated to the display of Nativity
Scenes in every State Capitol throughout the United States during the Christmas
season. The Committee ships nativity scenes (donated by a very generous
anonymous benefactor) to private citizens all over the U.S. who wish to bear
witness to the true meaning of Christmas by securing permits (with the Society’s
legal help, if needed) to set up a nativity scene in their local public square.