DC Archdiocese Sues Over Rejection of Christmas Season Bus Ads

The Washington, D.C. Catholic Archdiocese yesterday filed suit in federal district court against the Washington Metropolitan Area Transit Authority after WMATA rejected ads designed to be placed on the exterior of buses promoting the Archdiocese's "Find the Perfect Gift" Campaign.  The complaint (full text) in Archdiocese of Washington v. Washington Metropolitan Area Transit Authority, (D DC, filed 11/28/2017), describes the ads:

the advertisements depict, in minimalist style, a starry night, with silhouettes of a small group of shepherds and sheep standing on a hill. All of the advertisements refer to an Internet site, FindThePerfectGift.org, which contains links to Mass schedules, opportunities for charitable service, information about religious holiday traditions, and reflections on the meaning of the Advent and Christmas seasons. The advertisements also refer to a social-media hashtag, #PerfectGift.

The WMATA advertising Guidelines prohibit ads that "promote or oppose any religion, religious practice, or belief."  The complaint alleges that the Guidelines as applied to this ad violate the Archdiocese's 1st amendment free speech and free exercise rights, RFRA, as well as denying it equal protection and due process.  The Archdiocese issued a press release announcing the filing of the lawsuit.

White House Unveils This Year's Christmas Decorations

In a press release today, the White House announced that this year's White House Christmas decorations are themed "Time Honored Traditions." The press release and an ABC News report describe the decorations, selected by First Lady Melania Trump, in more detail. This year's family Christmas card, signed by the President, the First Lady and their son Barron, reads "Merry Christmas and Happy New Year."

Organization Launches Annual "Friend or Foe Christmas" Campaign

The advocacy organization Liberty Counsel announced yesterday that it is launching its 15th annual "Friend or Foe Christmas Campaign."  Its campaign attempts to counter removal of the celebration of Christmas in schools, on public property and by retailers.  It has made available a Legal Memorandum on Public Celebration of Religious Holidays.

7th Circuit Hears Arguments On Christmas Pageant Challenge

The U.S. 7th Circuit Court of Appeals yesterday heard oral arguments in Freedom From Religion Foundation v. Concord Community Schools. (Audio of oral arguments).  In the case, an Indiana federal district court upheld the constitutionality of a modified version of the annual Christmas Spectacular put on by an Indiana high school.  Plaintiffs had challenged the pageant under the Establishment Clause. The court had previously issued a preliminary injunction against the 2014 and proposed 2015 versions that included a live Nativity Scene and Bible passages. (See prior posting.)  Subsequently the court awarded nominal damages and a declaratory judgment as to the earlier versions. (See prior posting.)  Courthouse News Service reports in more detail on yesterday's oral arguments.

Court Awards Nominal Damages Over School's Live Nativity Scene Show

In Freedom From Religion Foundation v. Concord Community Schools, (ND IN, March 6, 2017), an  Indiana federal district court awarded nominal damages totaling $10 and issued a declaratory judgment concluding that Concord High School's Christmas Spectacular as performed in 2014 and as proposed to be performed in 2015 violated the Establishment Clause. The shows included a living Nativity scene. After rejecting the school's mootness arguments, the court ruled:

The 2014 version of the Christmas Spectacular presents an even clearer case. Not only did this version of the show include the same extended living nativity scene as the proposed-2015 show, in which the nativity scene was emphasized unlike any other aspect of the show, it included a narration consisting of Bible passages read by a faculty member, telling the story of Jesus’ birth. It also lacked any context suggesting an educational or cultural purpose for this presentation, and instead focused solely on the Christmas holiday, and in particular, the religious content of that holiday. The message of endorsement conveyed by this version of the show was unmistakable. Indeed, at no point in this litigation has the School presented any argument in defense of this version of the show.

FFRF issued a press release announcing the decision. (See prior related posting.)

Homeowners Sue Over Opposition To Their Christmas Display

A lawsuit alleging violations of the federal Fair Housing Act and the Idaho Human Rights Act has been filed by a Hayden, Idaho couple who are in a battle with their neighbors and their homeowners association over an elaborate Christmas display they put on every year to raise funds for two local charities.  The display, which includes a live nativity scene with a small camel, sheep, donkey, Santa Claus, and the Grinch, attracts large crowds.  The complaint (full text) in Morris v. West Hayden Estates First Addition Homeowners Association, Inc., (D ID, filed 1/13/2017), alleges religious discrimination, contending that the Homeowners Association objects to the couple's Christian beliefs being pressed on others in the neighborhood.  KHQ News report on the lawsuit.

Obama Sends Christmas Greetings To Orthodox Christians

January 7 is Christmas in the Orthodox Christian calendar. Yesterday President Obama issued a statement (full text) wishing Orthodox Christians a joyful holiday. The statement said in part:

As worship services take place in churches across the nation and around the world, we reaffirm our commitment to protect the universal and inalienable right of all people to practice their faith and stand in solidarity with communities and congregations that have been persecuted and subjected to violent attacks.

Obamas Wish Americans Merry Christmas

In his Weekly Address, posted as a video on the White House website, President Obama and First Lady Michelle Obama wished all Americans a Merry Christmas. In his address, the President briefly reviewed the accomplishments of his Administration. They also recognized Americans in military service.

Israeli Rabbi Tells Jewish Students At The Technion To Avoid Christmas Tree

As reported yesterday by Arutz Sheva and Haaretz, in Israel, the rabbi of the renowned university the Technion has created a furor by telling Jewish students that they should not enter the Student Union because of a Christmas tree that is being displayed there. Rabbi Elad Dokow wrote:

The Christmas tree is a religious symbol – not Christian, but even more problematic – pagan. Halakha [Jewish religious law] clearly states that whenever it is possible to circumvent and not pass through a place where there is any kind of idolatry, this must be done. So one should not enter the student union if it's not necessary to do so. 

The Technion-- an over 100-year old research university-- which prides itself on welcoming students of all religions and communities rejected Dokow's views, saying that it is determined to continue being an example of tolerance and coexistence.

Winter Solstice Displays Counter Religious Ones

Again this year, the Freedom From Religion Foundation is erecting Winter Solstice signs and displays to counter religiously themed Christmas displays on public property.  Beginning last weekend, a Bill of Rights "Nativity Scene" was placed in the Iowa State Capitol to counter a traditional Nativity Scene that went up there for the first time. (FFRF press release, Dec. 15).  And in Shelton, Connecticut, a lawsuit was settled allowing a winter solstice "Let Reason Prevail" sign to be placed on city property to counter religious displays by the American Legion (in another park) and the Cub Scouts. Ultimately the American Legion display was also changed to a secular one because light bulbs on the original angel display burned out. (Valley Independent Sentinel, Dec. 14).

UPDATE: Here is the full text of the Shelton, CT settlement agreement.

Court Allows Peanuts Christmas Poster To Go Back Up, With Minor Change

As previously reported, on Tuesday of this week the Kileen, Texas school board voted to support a middle school principal who told a staff member to take down a 6-foot tall Peanuts character Christmas poster because it featured a Biblical quotation, or else to remove the religious language from it. Texas Values blog reports on the quick reaction.  On Wednesday, a lawsuit was filed on behalf of Dedra Shannon, the school clinic aide who had put up the poster.  The complaint (full text) in Shannon v. Kileen Independent School District, (TX Dist. Ct., filed 12/14/2016), contends that the censoring of the poster violates Shannon's free speech and free exercise rights. Yesterday, Texas Attorney General Ken Paxton moved to intervene on Shannon's side, arguing that "Texas must ensure that schools respect the ability of religious people to express freely their ideas and not misapply establishment principles." (Full text of Plea in Intervention.) Yesterday afternoon the court issued a temporary restraining order allowing Ms. Shannon to again put up her Christmas poster, but required an additional line on it stating: "Ms. Shannon’s Christmas Message."

Texas School District Nixes Charlie Brown Christmas Poster

In Kileen, Texas, the school board on Tuesday voted to support a middle school principal who told a staff member to take down a 6-foot tall Peanuts character Christmas poster. The principal acted because the poster shows Linus saying: "For unto you is born this day in the City of David a savior which is Christ the Lord...  That’s what Christmas is all about Charlie Brown." The Fort Worth Star-Telegram reports that the poster had been placed by a staff member on the front door of the school nurse’s office. Texas Attorney General Ken Paxton had urged the school district to allow the poster, contending that it was protected by the state's "Merry Christmas Law" that protects certain holiday displays in schools. (See prior posting.)

Town Sued Over Cross On Christmas Tree

As reported yesterday by Fox 59 News, the ACLU has filed suit on behalf of a resident of Knightstown, Indiana against the city challenging the cross that tops the Christmas tree in the town square. The tree has been displayed for many years. However plaintiff Joseph Tompkins says that the cross is "is the preeminent symbol of Christianity," and this makes the display religious and a violation of the Establishment Clause. Other town residents support the cross and have various ideas for showing their support.

UPDATE: On Dec. 12, the Knightstown Council had the cross atop the Christmas tree removed, saying it could not win the lawsuit filed by the ACLU. Town residents unsuccessfully attempted to block the bucket truck removing the cross. (Fox 59 News).

White House Ready For Holidays; National Christmas Tree Lit

NBC reports that President Obama, Michelle Obama and their daughter Sasha last night lit the National Christmas Tree on the Ellipse. The White House website now includes a 2016 Holidays at the White House page, carrying stories on decorations and activities at the White House for the holiday season.

UPDATE: Here is the full text of the President's remarks at the lighting of the National Christmas Tree.

Group Launches Annual "Friend or Foe" Christmas Campaign

Liberty Counsel announced last week that it has launched its fourteenth annual Friend or Foe Christmas Campaign, saying in part:

Liberty Counsel is actively monitoring cases across the country where there is intimidation by officials and groups to remove the celebration of Christmas in public and private sectors. These threats include atheist groups seeking to ban nativity scenes from public property, senior living centers that prohibit residents from singing Christmas carols, public schools that ban students from wearing the Christmas colors of red and green, school officials who censor religious words from Christmas carols and retailers which profit from Christmas while pretending it does not exist.

Its announcement links to a memorandum on legal issues and its annual "Naughty & Nice" list of retailers focusing on whether or not companies use the term "Christmas" in their advertising.

Jehovah's Witness Sues After He Is Fired For Refusing To Wish Customers "Merry Christmas"

In a suit filed last week in a Tennessee federal district court, plaintiff who worked as a cashier at a Murphy Oil service station alleged that the actual reason that he was fired from his position was that his district manager objected to his refusal to wish customers a "Merry Christmas."  The complaint (full text) in Appleyard v. Murphy Oil USA, Inc., (WD TN, filed 11/10/2016), says that plaintiff's Jehovah's Witness religion does not celebrate Christmas and prohibits its members from wishing others a Merry Christmas.  Plaintiff contends that his firing amounts to religious discrimination in violation of Title VII of the 1964 Civil Rights Act. BNA Daily Labor Report has more on the lawsuit.

Elaborate Christmas Display Is Not Public Nuisance

According to the Broward County Sun Sentinel, a Florida state trial court judge yesterday dismissed a suit by the city of Plantation, Florida seeking to enjoin Mark and Kathy Hyatt from erecting the elaborate Christmas display that they have annually put up at their home. (See prior posting.) The court ruled that the city had failed to show that the display-- containing 200,000 lights, a movie screen a 30-foot tree and a Ferris wheel for stuffed animals-- constitutes a public nuisance.

City Seeks To Ban Elaborate Christmas Display

In Plantation, Florida, the city-- citing code violations-- is asking a Broward County court to enjoin Mark and Kathy Hyatt from erecting the elaborate Christmas display that they have put up at their home for the last 23 years.  According to WSVN News yesterday, the Hyatts' neighbors complain that the display draws thousands to the neighborhood each year between Thanksgiving and the end of December, creating noise, litter and severe traffic problems.

Court Upholds Modified Version of School's Annual Christmas Production

In Freedom From Religion Foundation v. Concord Community Schools, (ND IN, Sept. 14, 2016), an Indiana federal district court upheld against an Establishment Clause attack a modified version of the annual Christmas Spectacular put on by an Indiana high school. The court had previously issued a preliminary injunction against the 2014 and proposed 2015 versions that included a live Nativity Scene. (See prior posting.) The court now ordered the parties to submit briefs as to whether claims regarding those versions are now moot, and if they are not, what remedies are appropriate. The court then concluded that the version of the Christmas Spectacular actually performed in 2015 after the issuance of the preliminary injunction-- a version that modifies the nativity scene and adds Chanukah and Kwanzaa elements-- does not violate any of the Establishment Clause tests.  The court said in part:

At bottom, the endorsement test involves a holistic, qualitative assessment of the totality of the circumstances of a given display. Here, based on the circumstances and presentation of the show as a whole, and the way in which an objective, reasonable observer would likely perceive it, the Court finds that the Christmas Spectacular that was actually performed in 2015 did not convey a message of endorsement of religion.

An FFRF press release, which contains links to prior pleadings in the case, discusses yesterday's decision.

President Sends Greetings On Orthodox Christmas

Yesterday the White House released a statement (full text) from the President and Mrs. Obama wishing "a blessed Christmas to Orthodox Christians in the United States and around the world."  The statement also "reaffirm[ed] our commitment to protect religious minorities, including Christian minorities, who too often face violence and persecution throughout the world."