Unless you’ve been living in a cave, you’ve probably heard about the Starbucks red cup controversy. Christians are up in arms about the plain red cup which Starbucks uses during the holiday season. Some people think it’s a non-issue, and the only real winners are the coffee businesses that gained publicity. One real issue during the holidays is whether government buildings can have religious displays such as nativity scenes. For those in the know, it’s actually not against the law to have a nativity scene on public property. However, the rule is that Christianity can’t be the only religion promoted.
The Fight in Baxter County, Arkansas
For a number of years, Baxter County Courthouse displayed a nativity scene in front of its building. One humanist group asked that the nativity scene be removed. Another resident asked to put up a sign reading, “Happy Winter Solstice.” Both requests were denied until further action was taken. It took more than a year, but the case was finally decided by U.S. District Judge Timothy L. Brooks, who determined that the display violated the Constitution. Baxter County had to stop placing a religious seasonal display on the courthouse lawn or create a public forum open to all faiths during the holidays. Baxter County moved the display to private property rather than allowing other faiths to display their pride.
A Nativity Scene in Wadena, Minnesota
According to the Mayor of Wadena, a nativity scene in Burlington Northern Park has been on display for years. The mayor said that it wasn’t about religion, but about history. This year, the city council voted to remove the display. The city council meeting was packed with residents who wanted to keep the display, but the group, Freedom From Religious Foundation (FFRF), advised the council that the nativity scene violated the Constitution. The council voted to donate the display to a private organization who will continue the display on private property.
Portland, Oregon, Public Schools
For many years, the school choirs in Portland, Oregon, have performed at the Festival of Lights at the Grotto. The Grotto is a Catholic shrine, which holds this event annually and charges the community a fee to come in and hear the music during the program. The school choirs do not benefit except in experience performing before an audience. The Grotto also requested that the students “sing music that represents the true meaning of Christmas.”
A complaint was filed by FFRF which prompted the school board to look at the policy. Although a number of students, parents, and teachers supported the tradition, the school board voted that the schools had to remove their choirs from the performance. It was thought that students might believe that the school board was endorsing a particular religion.
What’s Legal and What’s Not?
If the display is on private property, anything goes. Public property must be more circumspect. As seen in the Baxter County case, if the government had allowed other signs and banners for people of different faiths, it would still be allowed to have the nativity scene. Had the Portland school not been forced to focus on spiritual, religious music, they may have a case to continue their performance at The Grotto. There are a lot of variables involved.
The holidays are rife with religious displays that have been put up every year without thought to any other faith. Hold your government officials responsible to uphold the law. If only one display is allowed on public property and it’s of a religious nature, it’s probably not right. You can always request that they remove it. The FFRF is open to advising individuals who believe that the government is violating the separation of church and state. It may not be easy to fight City Hall, but it’s the right thing to do.