Court Cranks: Religious Right Private Nativity Scene Fails To Get Anyone In Trouble
Rob Boston printable version print page     Bookmark and Share
Fri Dec 02, 2011 at 11:09:55 AM EST
One of the Religious Right's favorite tricks is to do something that pretty much everyone agrees is legal, and then thumb their noses at groups like Americans United for Separation of Church and State when nobody gets in trouble for doing it.

Here's a recent example: Earlier this week, two groups called Faith in Action and the Christian Defense Coalition brought a living Nativity scene to the sidewalk in front of the U.S. Supreme Court. The Revs. Rob Schenck and Patrick Mahoney had a camel, a donkey and people posing as Mary, Joseph and the three wise men. (For added realism, Mary was even carrying a four-month-old baby, not a doll.)

Mahoney asserted that people like these kinds of displays but added "[T]he courts and groups like the ACLU and Americans United are mounting an all-out assault on public expressions of faith. So in America, you have this very fascinating situation. The general public is very warm toward public expressions of faith, while the courts and elite groups are very uncomfortable with it."

Only that's not what the courts have said, and it's not what Americans United believes. The sidewalk in front of the Supreme Court is well known as a free-speech zone. Every time I go to the high court I see people there marching around with signs, expressing their point of view.

This includes religious perspectives, because many of the folks who protest there don't like legal abortion and often hoist signs containing Bible verses. Some even get down on their knees and pray in front of the court.

Americans United does not object to that. What we oppose is the government deciding to adopt a religious point of view and holding that up as the standard for everyone. When the mayor of Anytown puts a Nativity scene up on the town green at taxpayer expense, she is sending the message that Anytown has a preferred religion and here is its symbol. We oppose that. Under the First Amendment, Anytown isn't allowed to have a preferred religion.

When the Knights of Columbus gets a permit and puts a Nativity scene on the town green that its members paid for and they maintain, there is no problem - as long as every other group in town is given the same right. So a Jewish group can erect a menorah, the atheists can put up a banner supporting reason and the Flying Spaghetti Monster's adherents can erect a rendering of His Noodlyness. (Don't laugh. This is exactly what's going on in Leesburg, Va.)

A CNN report on the display noted that Schenck and Mahoney hope other people follow their example. The story reported that tax-funded religious symbols are problematic and added, "The way around it, say the pastors, is to get a permit and have the funds for the scenes come from private donors."

Well, duh! That's what Americans United has been saying for something like 30 years now. I'm glad Schenck and Mahoney have finally caught on.

Look, this isn't rocket science: Private groups should pay for, erect and maintain religious symbols. If they want to put them on public space, they should get the proper permits. They should respect the right of other groups to do the same. Government should stay out of the theology business and refrain from displaying any sectarian symbols at taxpayer expense.

So, to the Revs. Schenck and Mahoney I can only say: Good luck with your privately funded living Nativity scene that isn't government supported. That's my favorite kind. (Just be sure to clean up after that camel.)




Display:
For decades the Borough of Lititz erected a creche at the fountain in the square (which is not square, but rather a triangular piece of land featuring the fountain, a stone wall, and decorative plantings in the middle of the main intersection). I knew it was just a matter of time until someone filed a complaint. I even suggested to the wife of one of the borough councilmen that they could avoid a lot of fuss and rancor by preempting the inevitable and transfering it to private property and maintenance. That suggestion fell on deaf ears.

So about 20 years ago the inevitable happened, with the attendant hue and cry from the aggrieved citizenry. While the lawsuit proceeded, a local attorney took it upon himself to do a deed search and discovered that the "square" was not public land, but instead owned by the local church of which I happen to be a member. (The history of how that happened is complex and fascinating. If anyone is interested in details, let me know.)

The ACLU on behalf of its claimant immediately withdrew that part of the complaint because it was moot. They then negotiated a settlement on ownership and maintenance of the figures whereby all was transferred to a private citizens' committee. So the creche, with the permission of the church, still stands at the fountain every year. And at least once a year someone crows about how Lititz "defeated the ACLU." Excuse me? NO Please get your story straight.

by MLouise on Fri Dec 02, 2011 at 08:59:59 PM EST

They want people to believe the ACLU would object to a privately-funded Nativity or one located on church property. No one would object to either of these Nativity scenes. It is interesting that the Religious Right seems to abandon the commandment against bearing false witness in its zeal to obtain political power.

by khughes1963 on Sat Dec 03, 2011 at 04:43:41 PM EST

Most people would agree that government and the ACLU are trying to remove all public displays of Christianity and Christian celebrations, as Rev. Mahoney said. Freedom of religion is a wonderful thing, but it is reciprocal to other religions and those without a religion.

by arachne646 on Mon Dec 05, 2011 at 01:01:28 AM EST
I believe that you will find the ACLU position to be far more nuanced than you paint it. A creche set up on church property bordering a public sidewalk on a busy downtown street is certainly a "public display," but it does not violate any strictures against government establishment of a particular religion. And far from working hand in hand to "remove all public displays," local governments and the ACLU are frequently on opposite sides on this issue. It is precisely against government attempts to favor one religion (usually but not always Christianity) to the exclusion of others that the ACLU seeks to protect us. I agree wholeheartedly with your second sentence, but not the first.

by MLouise on Mon Dec 05, 2011 at 10:21:10 AM EST
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