Atheists try to squelch the Christmas spirit in Indiana

UPDATE: The nativity scene in Brookville, Ind., will remain in place until the day after Christmas, said an attorney representing the city. Peter Breen, the vice president of the Thomas More Society, said his organization had reached an agreement with the ACLU of Indiana to allow the display remain in place through Christmas: “The parties will now litigate the case on a normal schedule, without the threat of an emergency injunction forcing the removal of the nativity scene just before Christmas.”

OUR EARLIER STORY (2:15 p.m. EST): An Indiana courthouse has for decades allowed local residents to set up a Christmas nativity on public property, but some critics are saying, Bah, humbug. And they’re taking their complaint to court.

Opponents of the Christmas manger scene on the lawn of the Franklin County Courthouse in Brookville, Ind., want the display removed, even though private residents paid for and installed it.

The American Civil Liberties Union of Indiana and the Wisconsin-based Freedom from Religion Foundation filed a lawsuit Tuesday against the county. The two nonprofits claim the nativity scene violates the separation of church and state because it sits on government property.

“Any reasonable person viewing this display would conclude that its principal effect is to advance religion,” said Gavin Rose, an ACLU attorney, in a statement. “The First Amendment protects these kinds of displays by individuals and groups on private property, but also makes clear that displays on public property, which is maintained by taxpayers, cannot demonstrate a preference for religion.”

County officials disagree. “It’s their property. They’re taxpayers and they pay for it,” Tom Wilson, president of the county commissioners, told The Indianapolis Star. “We’re not trying to push our religion on anyone here in Franklin County. We’re open to all forms.”

The county commissioners have approved requests for other courthouse displays and events from other groups throughout the year, including a child abuse awareness group and a garden club.

Residents of Brookville have set up the nativity scene each Christmas season for 50 years, maintaining it with private, donated funds. It features statuettes of baby Jesus, Mary, Joseph, the three wise men, angels, sheep, and other animals.

Last week, several people marched in Brookville between a local library and the courthouse to show their support for the nativity. An online campaign website supporting the display has gained more than 10,000 members.

The Chicago-based Thomas More Society will help defend the Brookville nativity in court next week. The organization said in a Friday statement the display is constitutional because it is privately sponsored and not aided or endorsed by the government.

The Freedom from Religion Foundation sent letters to the Franklin County commissioners in 2010 and 2013, asking them to remove the manger scene. They left it in place.

The foundation has put pressure on other towns as well: Officials in Jay, Fla., took down a nativity display at City Hall this month after receiving a letter from the foundation. The town had displayed a nativity scene for 40 years, according to a local news report.

Freedom from Religion Foundation also sent a letter to officials in Rainbow City, Ala., on Tuesday, challenging a nativity at a municipal building there. City officials took down the display on Thursday morning—but then put it back up. They said they had received “numerous” phone calls and emails supporting the display and would leave it in place while they prepared a formal response.