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The War on Christmas Continues
The Thomas More Law Center Fights Back
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For
the last several years the Thomas More Law Center (TMLC), a national
nonprofit public interest law firm based in Ann Arbor, Michigan, has
been defending the right of Christians to display nativity scenes on
public property and to celebrate Christmas in public schools.
Every
Christmas season brings on a new wave of challenges to Nativity
Displays and the banning of “religious” music, Christmas concerts and
Christmas decorations by public schools. TMLC has successfully defended
the proper celebration of this National Holiday in numerous cases. As
in the past, TMLC, yesterday, sent a memo providing legal support for
Christmas celebrations and Nativity Displays to over 700 of its
affiliated lawyers across the country.
TMLC specifically asked its affiliated attorneys to bring to its
attention local bans on Christmas celebrations by municipalities and
public schools and to assist citizens who seek to challenge those
bans. Moreover, TMLC will not only use its own staff attorneys to
directly assist citizens challenging bans on Christmas celebrations, but
will also assist their affiliated attorneys who provide their legal
services pro bono.
Richard Thompson, President and Chief Counsel of the Law Center
commented, “The war on Christmas is really a war on Christians.
Organizations like the ACLU and Americans United for Separation of
Church and State using threats of lawsuits have bullied municipalities
and public schools to eliminate the public celebration of Christmas. Of
course the constitutionality of a particular Christmas celebration or
Nativity Displays must be judged on its own facts. But municipalities
and schools should be aware that the systematic exclusion of Christmas
symbols during the holiday season is not warranted.”
In 1984, Chief Justice Warren Burger had this to say in his opinion
upholding the city of Pawtucket, Rhode Island’s nativity display:
“It
would be ironic, however, if the inclusion of a single symbol of a
particular historic religious event, as part of a celebration
acknowledged in the Western World for 20 centuries, and in this country
by the people, by the Executive Branch, by the Congress, and the courts
for two centuries, would so ‘taint’ the City's exhibit as to render it
violative of the Establishment Clause. To forbid the use of this one
passive symbol – the crèche – at the very time people are taking note of
the season with Christmas hymns and carols in public schools and other
public places, and while the Congress and Legislatures open sessions
with prayers by paid chaplains, would be a stilted over-reaction
contrary to our history and to our holdings. If the presence of the
crèche in this display violates the Establishment Clause, a host of
other forms of taking official note of Christmas, and of our religious
heritage, are equally offensive to the Constitution.”
As
part of its Christmas Campaign, the Law Center is ready to assist
individuals to petition their local governments in writing for
permission to erect Nativity Displays.
According to the Thomas More Law Center:
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The
First Amendment protects private speech in traditional public forums,
such as public parks, or in what is known as designated public forums,
which are public property the government has designated for public
assembly and speech.
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There
should be no unreasonable prohibitions against public school students
wishing each other “Merry Christmas,” distributing Christmas cards, or
wearing clothing displaying a religious message.
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It
is constitutionally permissible for schools to permit the study and
performance of religious songs in its public schools, in order to
promote the legitimate educational goal of “advancing the students’
knowledge of society’s cultural and religious heritage.”
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