Tag Archives: Topic: Holidays

Crosswalk Religion Today News (12/28): The city backed up the event organizers, but the federal court ruled in favor of the men’s First Amendment rights. Alliance Defense Fund litigation staff counsel Jonathan Scruggs applauded the ruling: “The court made the right decision in suspending the ban so that people can share their faith in a nondisruptive manner.”

Norman Transcript (AP) (12/25): The preachers’ attorney, Jonathan Scruggs, of Memphis, Tenn., had argued that the public retains its rights to free speech and freedom of religion while attending a public event on public property. But he acknowledged that the city and the Bentleyville group could alter the contract to try to get around Davis’ ruling. “We would then evaluate that,” said Scruggs, who works with the Arizona-based Alliance Defense Fund, which advocates for religious freedom. “We take them as they come.”

The Freedom from Religion Foundation has issued a press release indicating that they sent a letter of complaint to Alsip, Illinois regarding a cross on top of the water tower.

TheHill.com: Members were indignant this week after it was reported that the House manual on “franking” — taxpayer-funded mail from Congress — includes a long-standing prohibition on specific holiday greetings. Under the rule, lawmakers can only wish constituents a generic “happy holidays” in official correspondence.

MPR News: Attorney Jonathan Scruggs with the Christian group Alliance Defense Fund says the judge upheld the plaintiffs’ main complaint. “And that is, the city cannot ban the First Amendment in a public park just because event officials don’t like the message that a person is sharing.”

Religion Clause Blog reports.

Texas Pastors’ Council: A trans-denominational, multi-ethnic coalition of pastors in cities across Texas is asking all thirty two Texas U.S. Representatives to support a rule change that would reverse a long standing prohibition on any mention of holidays in their “franked” mailings or other official communications from their office. The Franking Commission has interpreted a 1974 code very broadly and some Congressmen are now asking for change.

Religion Clause Blog: In Jankowski v. City of Duluth, (D MN, Dec. 20, 2011), a Minnesota federal district court granted a preliminary injunction to prevent city of Duluth police officers from interfering with activities of two street preachers at the Bentleyville Tour of Lights . . . An Alliance Defense Fund press release reports on the court’s decision.

Duluth News Tribune: Attorney Jonathan Scruggs of the Alliance Defense Fund represented Jankowski and Scott. “We’re thrilled with the ruling,” Scruggs said in a phone interview from Memphis, Tenn., on Tuesday. “We believe that the decision correctly applied First Amendment principles and returned free speech to Bayfront Festival Park.”

Bellingham Herald: The preachers’ attorney, Jonathan Scruggs, of Memphis, Tenn., had argued that the public retains its rights to free speech and freedom of religion while attending a public event on public property. But he acknowledged that the city and the Bentleyville group could alter the contract to try to get around Davis’ ruling. “We would then evaluate that,” said Scruggs, who works with the Arizona-based Alliance Defense Fund, which advocates for religious freedom. “We take them as they come.”

Knights of Columbus at Christian Newswire: The Knights of Columbus-Marist Poll found that nearly two-thirds of adults nationally — 64 percent — think people should say, “Merry Christmas,” while less than one-third — 31 percent — believe the appropriate greeting is “Happy Holidays.”

Duluth News Tribune: Jonathan Scruggs, the Alliance Defense Fund lawyer representing Jankowski and Scott, said he had told the court he wouldn’t file a response. “We are happy to rest on our prior arguments,” Scruggs said. “We continue to believe that the city’s policy violates the First Amendment.” His clients are hopeful the judge will act to “return free speech to Bayfront Festival Park,” Scruggs said. He and the plaintiffs see the issue differently than the city, Scruggs said, and, “I think every single federal court to address this situation sees it differently as well. City police officers are threatening to remove my clients from the park, so clearly there’s state action here.”

Duluth News Tribune: “I think it’s important to bring a caveat to the table,” said Scruggs, who is based in Memphis, Tenn. “The opinion was just from a magistrate judge. All it was was a recommendation. The district court judge can accept, reject, revise it any way he wants. At this point, everything is a bit premature. … There’s nothing too much to celebrate.” . . . The Alliance Defense Fund is a nonprofit dedicated to defending religious freedom and doesn’t charge for services, Scruggs said.

KUAR.org: The American Civil Liberties Union of Arkansas is taking issue with a nativity scene displayed in a Paragould primary school. In a follow up to a story we brought you earlier in the week, the ACLU’s director Rita Sklar says although she wants to avoid a lawsuit, the school must obey the constitution.

Omaha.com: Lincoln lawyer Jeff Downing, who has defended schools and cities in cases involving religious expression, said the school probably overreacted by taking down the sign. “I think it’s a completely defensible thing to have on a school kiosk at this time of year,” he said. “It could have a meaning for one observer that’s completely different from the next observer who looks at it.”

Fredericksburg Patch: A maintenance employee for Rappaport Companies reported that the figure of the Christ child was stolen from the Nativity scene in Central Park.

MN Star Tribune: Jonathan Scruggs, an attorney with the Scottsdale, Ariz.-based Alliance Defense Fund, which advocates for religious freedom, argued Monday that the city stepped on the First Amendment when it threatened to arrest anyone who violates Bentleyville rules against political campaigning and preaching.

Religion Clause: . . . this year the Recreation District has ruled that the Menorah may not be put up, invoking a rule of the Denver Parks and Recreation Department that bars religious decorations on public property.

KLTV.com: Henderson County pastors are now organizing a nativity rally to take place on the courthouse steps next week . . . Organizers say for one hour on December 17 Christians will gather in worship and prayer.

Palm Beach Post: New legislation sponsored by Wise, if passed, would require districts to officially refer to the period during which school is not in session and includes Christmas Day as Christmas Break. It would go into effect July 1, 2012.

Rasmussen Reports: At a time when most Americans see political correctness as a serious problem in this country, an overwhelming majority continues to believe religious holidays should be celebrated in the public schools.

ADF Attorney David Cortman appeared on the Zeb Bell Show. | MP3 audio 18:40 mins | Legal Memo: Constitutional Rights of Students, Teachers, and Public Schools to Seasonal Religious Expression

Malakoff News: The Freedom From Religion Foundation, based in Wisconsin, sent a letter dated Dec. 1 to Henderson County commissioners saying the nativity scene located on the courthouse lawn is illegal.

WCN: Hundreds gathered at Ellwood City’s borough building to support the traditional nativity display.

Digital Journal: Two organizations in the United States, the Christian Defense Coalition and the Faith and Action, have defied recent court challenges of Nativity scenes in public premises, by displaying a live Nativity scene in front of the Supreme Court building.

Ellwood City News: The Borough of Ellwood City will likely have a number of protestors outside of the Municipal Building by week’s end in response to the setting up of a Nativity display on the building’s front lawn.

News from The Associated Press: The governor said Tuesday that lawmakers upset with his decision to call the blue spruce erected in the Statehouse a holiday tree instead of a Christmas tree should focus their energy on feeding the poor.

ADF Attorney Nate Kellum at Townhall: The bottom line: the HCC has Constitutional protection and a real opportunity here to bring joy into the lives of the patients at the cancer center, simply by lifting the ban on the “religious aspects” of Christmas.

But something is missing from this year’s message out of the Obama White House. It’s the mention of sin and the need for repentance.

ADF President and General Counsel Alan E. Sears at Townhall : So as we approach Thanksgiving, we must remember that we do so as a nation rich with history surrounding this holiday. And when we sit round our tables full of plenty, especially in these trying economic times, we ought to bow our heads and hearts to God as did colonial Americans and American statesmen gone before us. Truly, we are fortunate to live here, and not in some communist regime where our land is not our own. And surely we are blessed to have our daily bread…and some Turkey and dressing, too.

Post Bulletin: “Our clients simply want to be able to walk through this event and exercise their right to expression,” said Jonathan Scruggs, an attorney for the Alliance. “The key factor here is that the city owns the park and operates the park and does not abdicate authority of it being a public place simply because they have given a permit to a private entity.”

Houston Chronicle: Plans to include a living nativity scene in the courtyard of the Springhill Branch Library have stirred controversy in this north Webster Parish city.

Duluth News Tribune: The men have support from two national Christian groups, the Thomas Moore Society and the Alliance Defense Fund. “Our clients simply want to be able to walk through this event and exercise their right to expression,” said Jonathan Scruggs, attorney for the Alliance. “The key factor here is that the city owns the park and operates the park and does not abdicate authority of it being a public place simply because they have given a permit to a private entity.”

StarTribune.com: “Our concern is with the city because it’s the city that has the power to kick us out of the park,” said Jonathan Scruggs, a staff attorney with the Alliance Defense Fund.
“We’ve litigated similar cases along these lines elsewhere,” he said. “A private individual technically can’t violate your First Amendment Rights.”

Timesonline.com: Borough officials will attempt to continue a local tradition next month while avoiding federal legal action.

Shreveporttimes: The controversy surrounding the use of the Springhill branch library’s courtyard for a live nativity scene Dec. 15 has been cleared up.

Liberty Counsel: Liberty Counsel sent a letter to a cancer treatment center, demanding it extend its reversal of a decision to ban Santa Claus to now also allow Nativity scenes and other religious Christmas symbols. The Hollings Cancer Center, a state-funded institution in South Carolina, decided to ban all Christmas displays from its facilities. Two days later, they reversed the decision and let Santa Claus sneak in, but for now baby Jesus is still out in the cold.

Fox News: A South Carolina cancer center that gave Santa Claus the boot has reversed its decision, but said they will ban any Christmas decorations that are religious in nature – including the Nativity.

WLWT Cincinnati (includes video): Last year, Franklin County came under fire for a Nativity scene on the grounds of the county courthouse.

The Christian Institute: Christmas has disappeared from a Thomas the Tank Engine DVD and been replaced by “winter holidays”.

Trib Local / Hinsdale: “Following more than an hour of discussion, the Hinsdale-Clarendon Hills Elementary District 181 school board voted 6 to 1 to place a revised version of its current school calendar policy on public display at Monday night’s business meeting. The changed policy inserts ‘make reasonable effort to’ avoid scheduling events and activities for days or times that would create a ‘foreseeable conflict’ — instead of ‘foreseeable religious conflict’ as the policy read before.”

Lorin C. Geitner, Merry Season’s Controversy (January 20, 2011). Orange County Lawyer, Forthcoming. Available at SSRN: http://ssrn.com/abstract=1744483

“Discussion of the infamous ‘Christmas Controversy’ – the legality of religious symbols in holiday displays on public land. This issue is examined both from the viewpoint of an attorney and a scholar of religion: From a legal point of view, the article examines the holdings of three major Supreme Court cases which have addressed this issue. From the viewpoint of religious scholarship, the article examined the relevant sociology of religion, which is also an important factor in accounting for why, in spite of settled precedents, this issue remains controversial.”

Catholic News Agency: “A 2011-2012 school calendar published by the European Union has omitted Christian holidays, while continuing to note important Jewish and Muslim celebrations.”

Brad O’Leary writing at Townhall: “Nowhere in our Constitution is there a mandate for a centralized public education system to begin with . . . Nor did our Founders establish a school system whereby American families are taxed into oblivion and essentially forced to enroll their children in government schools . . . Schools, incidentally, where students are told to check their religion at the door under some bizarre interpretation of the First Amendment.”

ADF Attorney Jordan Lorence writing at Speak Up Movement / Church: “The real issue defining the ‘War on Christmas’ is the efforts by some to eliminate public references to the religious aspects of Christmas as celebrating the birth of Jesus Christ. The battle is NOT over the total elimination of Christmas. No one objects to the celebration of the secular aspects of Christmas, so they remain untouched in our culture. Therefore, I can understand why some fail to see any ‘War on Christmas’ when they see Christmas celebrations everywhere. But these are frequently celebrations of Christmas that are stripped of its Christian roots.”

Ken Klukowski writing at Townhall: “Various outlets have reported throughout December that regulators from the Federal Reserve told privately-owned banks that they can’t have Christmas displays . . . [ADF Attorney Joe Infranco] says, ‘It’s ridiculous that people have to think twice about whether it’s okay to publicly celebrate Christmas. An overwhelming majority of Americans celebrate Christmas and are opposed to any kind of censorship of it.’” | Related: Federal Reserve Board backs off policy of barring religious displays in bank

Jacksonville Times-Union: “In 2009, however, when Arizona repeated those guidelines [regarding religious ornaments on the National Christmas Tree], a group called the Alliance Defense Fund complained. The group, which objects to ‘censoring’ Christmas, sent a letter threatening to sue the government on behalf of a mother whose son wanted to submit an ornament saying “Happy Birthday Jesus” and another depicting a manger scene.”

ADF Attorney David French writing at National Review Online / Bench Memos: “[L]et’s not forget that the secular Left created an entire litigation engine out the ‘offended observer.’ When religious symbols are taken from public land, those cases are launched through a unique standing rule that allows a person who’s merely offended at the sight of a religious symbol to literally make a federal case out of their fit of pique. As a general rule, we do not enjoy a right not to be offended (and it’s a good thing too; imagine a world where every perceived slight could launch litigation) — except when it comes to public religious displays.”

OneNewsNow: “The Alliance Defense Fund (ADF) is trying to encourage two locales that anti-religious groups have no constitutional standing to remove Christian aspects from Christmas . . . ‘Teachers can’t wish students “Merry Christmas;” they have to use the generic “Happy Holidays.” All religious displays or Christmas displays that say “Merry Christmas” have to be taken down, and even Christmas trees have to be referred to as “holiday trees,”‘ the attorney reports.”

Gather: “Virgin Valley High School won’t be having a Merry Christmas this year. Alliance Defense Fund Attorney [David Cortman] said an agreement was reached between the school and the Nevada ACLU disallowing Christmas activities. Employees and teachers are banned from saying “Merry Christmas”, but are they?”

Fox News Radio: “‘Employees, including teachers, can’t even say the words, “Merry Christmas,” in the school,’ [David Cortman] told Fox News Radio. Students, however, are still permitted to use the traditional holiday greeting.”

Daily Tribune: “Have we become a country so concerned with political correctness that we prefer ‘Happy Holiday’ to ‘Merry Christmas’? We hope not. And we see no reason for an anti-religion group in another state to dictate what’s wrong or right in Warren.”

Religion Clause: “According to another report by KOCO News, U.S. Sen. Jim Inhofe and U.S. Rep. Frank Lucas sent a letter to the Federal Reserve Board calling the action an ‘all-out assault on the faith, values and rights of the bank, its employees and the people it serves.’ This led the Fed changed its mind. The president of Payne County Bank, Lynn Kinder, said that both sides have agreed to work out the issue and in the meantime the Fed has allowed the bank to restore its display of Christian items and verses.”

Bill O’Reilly writing at Human Events: “Why would any rational person get testy about a federal holiday that brings joy to the majority of their countrymen and helps the economy, to boot? As a Christian, I don’t mind the winter solstice people doing whatever it is they do. If it involves ice hockey, I might even participate. Why resent the happiness of others, especially if no harm is being done? That’s not reasonable.”

Charisma Mag: “‘It’s ridiculous that people have to think twice about whether it’s OK to publicly celebrate Christmas. An overwhelming majority of Americans celebrate Christmas and are opposed to any kind of censorship of it,’ says ADF Senior Counsel [David Cortman]. ‘The misguided attacks on Christmas by the ACLU and its allies expose an even larger, more aggressive attack on anything and everything Christian.’”

ADF Attorney David French writing at The Washington Post / On Faith: “For decades, the secular left has argued that religious offensiveness is a very big deal . . . Let’s try to sort this out. So it is a big deal when a nativity scene is put on public land but no big deal at all if it’s removed? You can be upset when memorial crosses are put up, but not when they’re taken down? . . . In reality, the presence or absence of religious symbols is important. The Christmas skirmish is just one (easily lampooned) part of a larger battle over our nation’s history.”

he Alliance Defense Fund and its allied attorneys sent letters Friday to local governments in Nevada and Indiana encouraging them not to give in to baseless threats that Christmas expression is somehow a violation of the First Amendment. The letters instead explain that stifling Christmas expression is what truly violates First Amendment protected rights.

Mail Tribune: “Ashland public schools can display a decorated pine tree if it is surrounded by symbols from other religious holidays, but in order to remain religiously neutral they should not display a Christmas tree alone, Superintendent Juli Di Chiro told the School Board Monday.”

Rasmussen: “A new Rasmussen Reports national telephone survey finds that 74% of Adults say religious symbols like Christmas Nativity scenes, Hanukkah Menorahs and Muslim Crescents should be allowed on public land . . . Eighty percent (80%) of American Adults also favor celebrating religious holidays in the public schools, another area subject to repeated legal challenge.”

“The Alliance Defense Fund has sent letters to 137 Tennessee school districts informing them that they do not have to deny students and teachers their constitutionally protected right to recognize Christmas just because of threats issued by the American Civil Liberties Union.”

Nathan A. Adams writing at Patheos: “Consequently, every year at this time, secular and other opponents emerge in Grinch-like fashion to put an end to the most religious of the displays, celebrations, story-telling, and caroling on public property. The time is past due for the courts to dismiss these cases and send the “Grinch” packing: 1) to the extent any private displays or celebrations are allowed on public property and 2) as a natural reflection of the cultural importance Americans assign to these holidays.”

Fox News: “Members of a Christian group are protesting what they call discrimination after a city in Florida left a manger out of a holiday display.”

NewJerseyNewsRoom.com: “Thirty years later, public lightings of Chanukiot (Chanukah menorahs) are part of the holiday season, along with Christmas trees, Santa Claus and symbols of Kwanza. According to Chabad, there are 15,000 public candle lightings around the globe this year — including many in towns throughout New Jersey — from Teaneck to Trenton, from Hoboken to Haddonfield, from Morristown to Margate — a bright victory for religious freedom, and a result of legal battles fought in courtrooms from sea to shining sea.”

FOX 19: “Christians living in Brookville are ready to push back after a formal complaint to remove the nativity from government property.”

Rasmussen Reports: “Very few Americans are offended when someone wishes them a ‘Merry Christmas,’ but most are more likely to say ‘Happy Holidays’ to someone else rather than risk offending them.”

WREG [AP]: “In a letter to the 137 public school superintendents, the group reminded them that holiday celebrations focusing primarily on one religious holiday amount to a school’s unconstitutional endorsement of religion.” | ACLU Press Release

Jewish Telegraphic Agency: “A Catholic civil rights organization is accusing Boca Raton, Fla., of discrimination for buying and displaying menorahs in public buildings without including a nativity scene.”

Telegraph: “The Archbishop of Canterbury, Dr Rowan Williams, has criticised politically correct officials who remove carols and Nativity plays from Christmas celebrations.”

WECT: “The New Hanover County School Board voted Tuesday night to add Christmas and Good Friday to the official calendar for the 2011-2012 school year.”

Binghamton University Pipe Dream: “New York state will be implementing a change to the fire code at the end of December regarding open flames, which could conflict with some students’ religious practices.”

The News-Examiner: “The Freedom From Religion Foundation has asked Franklin County to remove the nativity scene from the courthouse lawn.”

Orlando Sentinel: “While many Floridians are spreading holiday cheer, one government agency has banned it: the Florida Turnpike Enterprise.”

Liberty Counsel: “When the bank’s corporate office was contacted, a spokesperson told a Fox 35 News reporter that the employee was to decorate with the provided poinsettias in order to avoid offending people.”

Star-Telegram: “Chase Bank told a Texas businessman to remove the Christmas tree he donated to a local branch because it could offend people.”

Mark Strasser, Passive Observers, Passive Displays, and the Establishment Clause, 14 Lewis & Clark Rev. 1123 (2010); Online at: http://www.lclark.edu/livewhale/download/?id=5620

This Article examines jurisprudence surrounding state action, and when that action does and does not violate the Establishment Clause. Division within the Court regarding what constitutes a “passive” state practice has complicated Establishment Clause analyses for lower courts, as evidenced by the chaotic case law on the issue. Because the Court has advanced very little clear guidance on Establishment Clause standards, lower courts issue widely varying opinions and reasoning on the matter, as explored by this Article.