Showing posts with label Christmas. Show all posts
Showing posts with label Christmas. Show all posts

Monday, July 31, 2023

New Ukrainian Law Moves Christmas To EDec. 25, Rejecting Russian Orthodox Date

 AP reports that last Friday. Ukrainian President Volodymyr Zelenskyy signed a law that moves the date on which Ukraine will celebrate Christmas from January 7 (the date observed by the Russian Orthodox Church) to December 25. According to AP:

The explanatory note attached to the law said its goal is to “abandon the Russian heritage,” including that of “imposing the celebration of Christmas” on Jan. 7. It cited Ukrainians’ “relentless, successful struggle for their identity” and “the desire of all Ukrainians to live their lives with their own traditions, holidays,”....

The law also moves the dates for two other Ukrainian patriotic holidays.

Friday, December 23, 2022

President Biden Delivers Christmas Address

Yesterday President Biden delivered his Christmas Address to the Nation (full text). He said in part:

And we look to the sky, to a lone star, shining brighter than all the rest, guiding us to the birth of a child — a child Christians believe to be the son of God; miraculously now, here among us on Earth, bringing hope, love and peace and joy to the world....

The Christmas story is at the heart of the Christmas — Christian faith.  But the message of hope, love, peace, and joy, they’re also universal.

It speaks to all of us, whether we’re Christian, Jewish, Hindu, Muslim, Buddhist, or any other faith, or no faith at all.  It speaks to all of us as human beings who are here on this Earth to care for one another, to look out for one another, to love one another....

I sincerely hope ... this holiday season will drain the poison that has infected our politics and set us against one another.

I hope this Christmas season marks a fresh start for our nation, because there is so much that unites us as Americans, so much more that unites us than divides us.

Monday, December 13, 2021

Mom Loses Attempt To Display Menorah At PTA Tree Lighting Ceremony

In Lyons v. Carmel Unified School District, (ND CA, Dec. 10, 2021), a California federal district court denied a temporary restraining order sought to allow the mother of Jewish children in a public school to display a 6-foot inflatable menorah at the PTA's tree lighting ceremony. The school was only willing to permit plaintiff to bring a small menorah to hang as a tree decoration. Rejecting plaintiff's Establishment Clause claim, the court said in part:

Plaintiffs contend that the event advances Christian religions over other religious ... by allowing display of Christian holiday symbols – the tree and ornaments – but banning display of non-Christian holiday symbols such as a menorah....  

Defendants argue that they have not referred to the tree lighting event as involving a “Christmas” tree. Even assuming that the event is viewed as involving the decoration and display of a Christmas tree, however, that would not implicate the Establishment Clause. The Supreme Court has held that “[t]he Christmas tree, unlike the menorah, is not itself a religious symbol.” Cty. of Allegheny v. Am. C.L. Union Greater Pittsburgh Chapter, 492 U.S. 573, 616 (1989)....

The court also rejected plaintiff's free speech claim because the school offered plaintiff the opportunity to reserve School grounds for her own event where she could display the menorah.

Thursday, December 09, 2021

School District Sued For Favoring Christian Cultural and Speech Activities

Suit was filed this week in a California federal district court alleging that a California school district has given preference to Christian cultural and speech activities over those of other religions, including Judaism. The complaint (full text) in Lyons v. Carmel Unified School District, (ND CA, filed 12/7/2021), particularly focuses on the refusal by Carmel River School to allow the display of an inflatable menorah at a widely-promoted after-school holiday celebration which will include the decoration and lighting of a Christmas tree and Christmas-themed holiday songs. The complaint alleges that the school has violated the Establishment and Free Exercise Clauses as well as free speech and equal protection provisions. Courthouse News Service reports on the lawsuit.

Friday, December 25, 2020

President and First Lady Issue Christmas Greetings Via Video

President Trump and First Lady Melania Trump issued Christmas greetings in a video posted to the President's Twitter account yesterday.

Thursday, December 17, 2020

DC Archdiocese Seeks Liberalized Capacity Rules For Its Churches

Last week, the Catholic Diocese of Washington, D.C. sued in federal district court challenging D.C.'s COVID-related 50-person cap on religious gatherings.  It seeks, instead, percentage-based limits similar to those imposed on numerous commercial establishments. The complaint (full text) in Roman Catholic Archbishop of Washington v. Bowser, (D DC, filed 12/11/2020), alleges that half of the churches in the Archdiocese can accommodate 500 or more worshippers, and the largest can accommodate thousands. It contends that the current limits violate its 1st and 14th Amendment rights. The complaint declares:

 Christmas should be a time for reconciliation and joy, and the Archdiocese simply wants to welcome its flock home. It respectfully requests that it be allowed to do so.

Catholic News Service reports on the lawsuit.

UPDATE: In order to resolve the litigation, D.C.'s Mayor on Dec. 16 issued modified rules (full text of Mayor's Order) that allow houses of worship to admit up to 25% of their capacity, not to exceed 250 persons, for worship services. Other events or programs at churches are limited to 10 persons indoors or 25 outdoors. Other safety protocols are also required for religious services. Washington Post reports on the new Order.

Saturday, December 12, 2020

Court Refuses To Enjoin City's Holiday Display Policy

In Knights of Columbus Star of the Sea Council 7297 v. City of Rehoboth Beach, Delaware, (D DE, Dec. 11, 2020), a Delaware federal district court refused to issue a preliminary injunction against the city's policy on religious displays at the Rehoboth Beach Bandstand. Plaintiffs want to continue their past practice of erecting a creche on the site for the Christmas season. The city's policy, which allegedly at one time banned religious displays of all kinds, was revised while this litigation was pending so that it now prohibits only any unattended private display on city property. However it permits attended religious and secular displays. The court said in part:

[B]ecause the motion is directed to a policy that no longer exists (if it ever did) and there is no realistic chance the alleged unconstitutional conduct will be resumed before the Court can reach the merits of the case, the motion must be denied as moot. It is also unripe. The Knights is free to apply to display an attended creche, but it has not yet done so. Finally, ... even assuming Plaintiff has established a likelihood of success on the merits, the motion must be denied because Plaintiff has failed to show it will suffer irreparable harm in the absence of preliminary injunctive relief.

Wednesday, June 24, 2020

Suit Challenges City's Ban On Religious Christmas Displays On Public Property

The Knights of Columbus filed suit in a Delaware federal district court yesterday challenging Rehoboth Beach's policy adopted in 2018 of allowing only secular Christmas displays at the city's Bandstand Circle. The complaint (full text) in Knights of Columbus Star of the Sea Council 7297 v. City of Rehoboth Beach, Delaware, (D DE, filed 6/23/2020), alleges that since the 1930's a nativity scene had been displayed there during the Christmas season. It contends that the city, in allowing private groups to still erect secular displays, but insisting that the K of C display be placed on private property, violates plaintiff's free speech, free exercise and equal protection rights. First Liberty Institute issued a press release announcing the filing of the lawsuit.

Monday, April 06, 2020

Supreme Court Denies Review In Bus Ad Case

The U.S. Supreme Court today denied certiorari in Archdiocese of Washington v. Washington Metropolitan Transit Authority, (Docket No. 18-1455, cert. denied 4/6/2020).  (Order List [scroll to end]).  In the case, the D.C. Circuit Court of Appeals rejected challenges to the WMATA's guidelines which preclude the sale of advertising space on public buses for issue-oriented advertising, including political, religious and advocacy ads.  The ban includes ads "that promote or oppose any religion, religious practice or belief."  The Catholic Archdiocese of Washington wished to purchase space on the exterior of buses for its Christmas season "Find the Perfect Gift" ad. (See prior posting.) The Circuit denied en banc review, over a dissents in an opinion written by Judge Griffith. (See prior posting.)

Justice Kavanaugh was part of the panel that heard the original arguments in the case in the D.C. Circuit, so he recused himself from considering the petition for review.  While the Supreme Court denied review, Justice Gorsuch joined by Justice Thomas filed a statement saying in part:
Because the full Court is unable to hear this case, it makes a poor candidate for our review. But for that complication, however, our intervention and a reversal would be warranted for reasons admirably explained by Judge Griffith in his dissent below and by Judge Hardiman in an opinion for the Third Circuit....
... [T]he government may minimize religious speech incidentally by reasonably limiting a forum like bus advertisement space to subjects where religious views are unlikely or rare. But once the government allows a subject to be discussed, it cannot silence religious views on that topic.... So the government may designate a forum for art or music, but it cannot then forbid discussion of Michelangelo’s David or Handel’s Messiah. And once the government declares Christmas open for commentary, it can hardly turn around and mute religious speech on a subject that so naturally invites it.

Monday, December 30, 2019

Suit Challenges Postal Service's Rules On Content of Customized Stamps

Suit was filed earlier this month in a Texas federal district court challenging the constitutionality of a portion of the U.S. Postal Service's regulation (39 CFR §501.21) that limits the depictions that may be placed on customized postage stamps produced by private providers authorized by USPS. The regulation limits, among other things, "Any depiction of political, religious, violent or sexual content".  The complaint, (full text) in Fletcher v. U.S. Postal Service, (ED TX, filed 12/19/2019), contends that plaintiff's free speech and free exercise rights (including her rights under RFRA) are violated because she will be unable to create personalized postage stamps that allow her to share her love of Christmas and other holidays through PhotoStamps.com's website.  According to the complaint:
16. The website also requires customers to agree that Stamps.com, in its sole discretion, may determine if designs meet the eligibility criteria and may also reject orders without explanations. If customers submit a design Stamps.com determines is in violation of their requirements, those customers may be charged a processing fee of $10 per image.
17. If customers publicly complain about the rejection of a stamp design, Stamps.com claims it will be harmed and may pursue legal action. The website states, “[if] you intentionally publicize such violation, you acknowledge that Stamps.com will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.”
The complaint goes on to allege that:
... USPS chose to promulgate a regulation allowing third-party providers, such as PhotoStamps, to discriminate against speech. Regulation 39 C.F.R. § 501.7(c)(1) requires the provider—here, PhotoStamps—to ensure that what it prints is “[c]onsistent with the Postal Service’s intent to maintain neutrality on religious, social, political, legal, moral, or other public issues.”
First Liberty Institute issued a press release announcing the filing of the lawsuit.

Wednesday, December 25, 2019

President Sends Christmas Greetings

The White House today posted President Trump's Message on Christmas. (full text).  He said in part:
While the challenges that face our country are great, the bonds that unite us as Americans are much stronger.  Together, we must strive to foster a culture of deeper understanding and respect—traits that exemplify the teachings of Christ.
The White House also posted the transcript of the President's  Video Teleconference With Members of the Military, extending Christmas and New Years greetings to them.

Tuesday, August 13, 2019

White House Already Planning For Christmas

The White House issued a press release yesterday announcing that planning for the 2019 Christmas season is already under way at the White House.  It invites applications from individuals interested in volunteering to decorate the White House or act as greeters during Holiday Open Houses.  It also invites musicians including high school bands, choirs, and Christmas-themed entertainers to apply to perform during the Holiday Open Houses in December.

Thursday, April 11, 2019

Judge Overrules Jury Saying No Religious Discrimination By Homeowners Association Was Shown

In Morris v. West Hayden Estates First Addition Homeowners Association, Inc., (D ID, April 4, 2019), an Idaho federal district judge enjoined a Christian couple from hosting an elaborate Christmas display that violates Homeowner Association Rules. As described by the Spokane Spokesman-Review's report on the decision:
On one side, a devoutly Christian couple throwing extravagant celebrations for thousands at a home decked to the halls with 200,000 light bulbs. At times, even featuring a camel and donkey to re-create the Nativity scene.
On the opposite side, a Hayden homeowners association with specific rules that prohibited such excessive celebrations – and the noise that follows – in favor of a more modest showing of holiday spirit.
Despite a jury verdict in favor of plaintiffs, the court ruled as a matter of law that plaintiffs had not shown that the Homeowners Association discriminated against them on the basis of religion in violation of the Federal Fair Housing Act.  Plaintiff had pointed to a letter from the Homeowners Association which described rule violations that would be involved in the Christmas display.  The letter added that some of the subdivision residents are non-Christians.  The court said in part:
While January 2015 Letter was not drafted with lawyerly precision and contained a boorish reference to “undesireables,” it cannot be read as evidence that the Homeowners Association intended to discriminate against Plaintiffs because they were Christian. On this score, the Court notes that several members of the Board were practicing Christians. Furthermore, Board President Jennifer Scott is both a practicing Christian and married to a Christian minister. The Court is not suggesting that Christians cannot, per se, discriminate against other Christians. But, the fact that the Board was at least partially composed of practicing Christians significantly decreases the probability that the Board intended to discriminate against Plaintiffs based on a faith shared by both Plaintiffs and several Board members.
The court concluded that the jury was likely prejudiced by testimony which they were instructed to ignore relating to threats received by plaintiffs from other homeowners who were not Association board members.  Because the decision is likely to be appealed, the court held that if its conclusion of law was reversed, defendants should be granted a new trial or alternatively the jury's award of $75,000 in damages should be reduced to $4.

Thursday, December 27, 2018

DC Circuit Denies En Banc Review In Bus Ad Case

Last Friday, the U.S. Court of Appeals for the D.C. Circuit, by a vote of 7-2, denied an en banc rehearing in Archdiocese of Washington v. Washington Metropolitan Transit Authority, (DC Cir., Dec. 21, 2018). In the case, a 3-judge panel rejected challenges to the WMATA's guidelines which preclude the sale of advertising space on public buses for issue-oriented advertising, including political, religious and advocacy ads. (See prior posting.) Judge Griffith, joined by Judge Kastas, filed an opinion dissenting from the denial of a rehearing, arguing in part"
WMATA allows entities like Walmart to speak on the subjects of the perfect Christmas gift (toys) and how to spend the Christmas season (buying gifts and visiting stores at specified hours). And WMATA permits the Salvation Army to run ads encouraging people to donate to certain charities. The Archdiocese would also like to express its views on the perfect Christmas gift (Christ), how to spend the holiday (caring for the needy and visiting churches for Mass at specified hours), and whether to contribute to charities (yes, and particularly to religious charities). By barring the Archdiocese from doing so, WMATA’s policy discriminates against religious viewpoints,,,,
[Thanks to James Phillips for the lead.] 

Tuesday, December 25, 2018

Christmas and the Trump White House

Today is Christmas. Vogue last week published an analysis of this year's White House Christmas Portrait. Meanwhile the White House website gives details on Christmas decorations at the White House, and this year's White House Christmas Card goes back to the traditional Merry Christmas greeting. Elite Daily discusses the issue.

Thursday, November 29, 2018

White House Christmas Decorations Unveiled

On Monday the White House issued a press release and accompanying video on the this year's White House Christmas decorations which reflect the theme "American Treasures".  The press release reads in part:
“This is a joyous time of year when we decorate the White House for the Christmas Season,” said First Lady Melania Trump. “Our theme honors the heart and spirit of the American people.  Thank you to the many volunteers and staff who worked hard to decorate the halls of the People’s House in Christmas cheer.  On behalf of my family, we wish everyone a very Merry Christmas and a Happy New Year.”

Tuesday, November 27, 2018

Jury Awards $75,000 To Couple Whose Christmas Program Was Opposed By Homeowners Association

The Spokane Spokesman-Review reports that a federal court jury in Idaho last month awarded $60,000 in compensatory damages and $15,000 in punitive damages against a Homeowners Association that attempted to block a resident from setting up an elaborate Christmas display. The jury, in the case which attracted national media attention when filed, found that the Homeowners Association engaged in religious discrimination in violation of the Federal Fair Housing Act when it sent a letter to Jeremy and Kristy Morris telling them that if they wanted to move into the neighborhood they would need to cancel plans for their annual 5-day Christmas celebration.  The celebration features elaborate decorations, live music, and live animals, draws thousands of people, and raises money for charities benefiting children suffering from cancer and abused children. The HOA letter, in addition to claiming that the celebration would violate lighting and noise rules, added: "And finally, I am somewhat hesitant in bringing up the fact that some of our residents are non-Christians or of another faith, and I don’t even want to think of the problems that could bring up."  This was portrayed by some media as part of the so-called "war on Christmas." More details on the lawsuit and photos of the celebration are at The Daily Mail and the Coeur d'Alene Press.

Friday, March 23, 2018

7th Circuit: School's Christmas Pageant Does Not Violate Establishment Clause

In Freedom From Religion Foundation v. Concord Community Schools, (7th Cir., March 21, 2018), the U.S. 7th Circuit Court of Appeals held that a revised version of an annual Christmas Spectacular put on by an Elkhart, Indiana high school does not violate the Establishment Clause.  The court describes the revised pageant's challenged second half:
the show spends about four and a half minutes each explaining and performing a song to represent Hanukkah and another for Kwanzaa. Images are projected onto large screens to accompany both songs. For the remaining 20 minutes, students perform numerous Christmas songs that are more religious in nature (e.g., “Jesus, Jesus, Rest Your Head,” “O Holy Night”). During one of the songs, a nativity scene appears on stage for two minutes. The manger uses mannequins, not student actors. There are no New Testament readings.
The court explained its conclusion as follows, in part:
It is worth emphasizing that no one factor alone—the secular first half, the nativity’s lack of prominence, the inclusion of other holidays—leads us to conclude that the 2015 Spectacular passes muster under the endorsement test. Overall, the 2015 performance in its current form would not cause a reasonable observer to believe that Concord is signing off on a particular religious message....
Although the matter is not open‐and‐shut, we see no reason to reverse the district court’s conclusion on summary judgment that the 2015 show did not pressure individuals to support any religious beliefs.
Education Week reports on the decision.

Tuesday, February 20, 2018

Christmas As Legal Holiday Does Not Violate County Employee's Rights

In Edelstein v. Stephens, (SD OH, Feb. 16, 2018), a Ohio federal magistrate judge recommended dismissing many of the claims of a state court staff attorney/magistrate who was fired after she requested eight days off for Jewish holidays. One of plaintiff's claims was that the county violated her free exercise and equal protection rights by designating Christmas as a legal holiday without similarly protecting the rights of non-Christians to celebrate their holidays.  The court said in part:
Butler County's policy establishing Christmas as a paid legal holiday for county employees is a neutral law that does not discriminate against a particular religion or set of religious beliefs or prohibit any conduct because it is undertaken for religious reasons.... The Sixth Circuit has acknowledged that because there are "legitimate secular purposes for establishing Christmas as a legal public holiday," it follows that the establishment of Christmas day as a legal public holiday neither violates an individual's fundamental rights nor discriminates against her based on her religion.
The Butler County Journal-News reports on the decision.

Monday, December 25, 2017

World Leaders Send Christmas Greetings

President Donald Trump tweeted last night:
People are proud to be saying Merry Christmas again. I am proud to have led the charge against the assault of our cherished and beautiful phrase. MERRY CHRISTMAS!!!!!
[UPDATE:This morning President Trump and the First Lady issued more traditional Christmas greetings via Twitter.]

According  to The Hill, Israeli Prime Minister Benjamin Netanyahu issued similar Christmas greetings:
"I'm very proud to be the prime minister of Israel, a country that says 'Merry Christmas' first to its Christian citizens and to our Christian friends around the world," Netanyahu said in a video posted to Twitter.
Other world leaders used similar phraseology without making an issue of it.  Here are the greetings from Canada's Prime Minister Justin Trudeau .  British Prime Minister Theresa May's Christmas message carried a broader theme:
Let us take pride in our Christian heritage and the confidence it gives us to ensure that in Britain you can practice your faith free from question or fear.
Let us remember those around the world today who have been denied those freedoms – from Christians in some parts of the Middle East to the sickening persecution of the Rohingya Muslims.
And let us reaffirm our determination to stand up for the freedom of people of all religions to speak about and practice their beliefs in peace and safety.
So this Christmas, whatever our faith, let us come together confident and united in the values we share. And wherever you are at this special time of year, let me wish you all a very Happy Christmas.