Lynn v. Sekulow

Nativity Scenes and Atheist Signs

Tuesday December 9, 2008

Barry, we should not expand federal or state reporting requirements for churches that support or oppose legislation/ initiatives, just as we should not continue the gag rule on political speech from the pulpit.

 

On a different note, you've probably heard about the controversy in Olympia, Washington surrounding a sign from the Freedom From Religion Foundation displayed near the Capitol Rotunda. Among other things, the sign says, "Religion is but myth and superstition that hardens hearts and enslaves minds." It was placed in response to the inclusion of a nativity scene last year. Many people in Washington and around the country are upset by this message, and other groups and individuals have had signs displayed there as well this month in response.

 

Barry, I think you would agree that this situation highlights the important difference between private speech in a forum and government speech that was raised in our Pleasant Grove v. Summum case before the Supreme Court. As our letter on holiday displays explains, where the government makes a location available for the expression of private speech during the holiday season, as it appears is the case in Olympia, the government cannot exclude potential speakers due to disagreement with their viewpoint. Religious or anti-religious private speech in a forum cannot be attributed to the government, so there is no Establishment Clause issue in allowing a nativity scene, menorah, or atheist sign on equal terms. The government may post a general disclaimer stating that it does not endorse the message of the private displays, but it cannot single out religious displays for a special disclaimer.

 

On the other hand, when the government itself is speaking, as we argued is the case in Pleasant Grove, private individuals cannot force the government to change the desired message. Governments often convey their own messages during the holiday season through government-owned displays that include a variety of secular and religious items. When a person challenges such displays under the Establishment Clause (which was not the case in Pleasant Grove), and has proper legal standing to do so, the court considers whether the purpose and effect of the government's display is primarily secular or religious in nature. Thus, courts consider the context of government-owned holiday displays that include a nativity scene or menorah, e.g., whether there are items such as reindeer, Santa Claus, candy canes, etc. nearby, in determining whether the display is permissible.

 

Barry, do you agree with this analysis?

 

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Comments
Boris
December 23, 2008 9:42 PM

Dave,
I’m a life-long atheist of Jewish ancestry so I learned ancient Hebrew as a child. Ancient Greek was my language for college. So unlike Bible scholars who learn these languages to be able to study the Bible, I just happen to know them. But like the scholars I have studied the Bible very carefully, but much more critically.

I don’t choose not to believe in an Almighty Creator, I just find that belief impossible, scientific explanations for things much more plausible and the Christian God absurd. While I may seem mean spirited to some, I’m really doing theists a favor. The only way to relieve people of the burden of having to believe the unbelievable is to ridicule their beliefs until they are forced to reconsider them. I think anyone who sits down and looks at their religion the way they look at other religions - with an open and skeptical mind, will always end up rejecting it. I truly believe you would be happier as an atheist and you believe I would be happier believing in God. In this impasse we must recognize that we both wish the best for each other.

Dismas
January 1, 2009 1:18 PM

The ACLJ does an amazing job of helping to protect the rights of Christians in America! When a student has their 1st Amendment Right to express their belief, trampled on by their school's administration. The ACLJ steps up and rights that wrong. And, when the Islamic states attempt to sneak a law into the U.N. charter, making it punishable by death or imprisonment to express belief in a god other than Allah. The ACLJ has intelligent people who can decipher the legalese and then fight against that mandate. Most American Christians never would have seen that one coming, without the ACLJ's lawyers watching out for us.
But, as a Christian, I could care less whether or not a Nativity scene is displayed on Federal, State or local Government property, during the CHRISTmas season. I don't feel like my rights are being impinged. As long as they can't tell me what I can display on my front lawn, or, what a Church can display on the Church's property. I feel like my right to worship GOD is protected.
Likewise, if some group of atheists wants to put up a sign that expresses their point of view, I couldn't care less! However I do feel sorry for the atheists because, I'm 100% sure they are not going to have a happy "life after death", experience. In other words, hell's mighty hot, winter, spring, summer and fall. I'm proud to be an ignorant, superstitious, believer in myths. And, happy I'm not as, intelligent and well educated in the sciences, as the atheist is.
When pondering the separation of church and state issue, here are some verses that are in the King James AV1611 Holy Bible, that seem to address said issue. To wit;
John 18:36 Jesus answered, My kingdom is not of this world: if my kingdom were of this world, then would my servants fight, that I should not be delivered to the Jews: but now is my kingdom not from hence. 37 Pilate therefore said unto him, Are you a king then? Jesus answered, You say that I am a king. To this end was I born, and for this cause came I into the world, that I should bear witness unto the truth. Every one that is of the truth hears my voice.
Now, I've never heard Jesus' voice when a government official speaks (usually it sounds more like the voice of Jesus' arch nemesis). So I don't look to the government for "truth". And, those that are of the truth know. . . the Nativity is truth!
Worshipping YHWH and his son Jesus is mostly a private enterprise.
Matthew 6:5 And when you pray, you shalt not be as the hypocrites are: for they love to pray standing in the synagogues and in the corners of the streets, that they may be seen of men. Verily I say unto you, They have their reward. 6 But you, when you pray, enter into your closet, and when you have shut your door, pray to your Father which is in secret; and your Father which sees in secret shall reward you openly.
So, in conclusion, while we shouldn't give away the farm. We should vote according to your CHRISTian values and choose our issues wisely;
Proverbs 31:8 Open your mouth for the dumb in the cause of all such as are appointed to destruction. 9 Open your mouth, judge righteously, and plead the cause of the poor and needy.
Sell that Nativity scene and use the money to feed and clothe some poor and needy people (or, in today's economy. . . feed and clothe a small child)!

Dismas
January 1, 2009 1:35 PM

Hey Boris,
Where did you learn to filibuster? Are you a Democratic (Sin)ator?

Boris
January 1, 2009 2:22 PM

I think this says it all:

I'm proud to be an ignorant, superstitious, believer in myths. And, happy I'm not as, intelligent and well educated in the sciences, as the atheist is.

Of course if this person had any education in the sciences he wouldn't be an ignorant, superstitious, believer in myths.

For the Christian ignorance is bliss.

N. Lindzee Lindholm
October 15, 2009 12:21 AM

What's being stated here is that, as in the Pleasant Grove case, displays at Christmastime should be argued under Free Speech versus the Establishment Clause because government is speaking by choosing what they want displayed. Am I correct with this analysis as it applies to Christmas displays?

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About Lynn v. Sekulow

Lynn v. Sekulow is an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government, featuring the two leading voices of the church/state battle: American Center for Law & Justice Chief Counsel Jay Sekulow and Americans United for Separation of Church and State Executive Director Rev. Barry W. Lynn.

Please note that in discussing political issues, candidates’ positions and political party statements, the Rev. Barry Lynn and Jay Sekulow are offering analysis in their individual capacities as lawyers and commentators. They are not speaking on behalf of Americans United for Separation for Church and State or for the American Center for Law & Justice. Those organizations do not endorse or oppose candidates for public office. Nothing contained in this dialogue should be construed as the positions of the respective organizations.

About the Authors

Rev. Barry W. Lynn
Executive Director of Americans United for Separation of Church and State, a nonprofit educational organization that defends religious liberty by opposing government interference in religion
» Posts by Rev. Barry W. Lynn
Jay Sekulow
Chief Counsel for the American Center for Law & Justice (ACLJ), a law firm and educational organization focused on protecting religious freedom, American families, and human life.
» Posts by Jay Sekulow
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