Did you know that as a citizen or a church you have a First Amendment constitutional right to privately sponsor a Nativity scene display on town or city open forum public property? According to Stephen M. Crampton, chief counsel of the American Family Association Center for Law and Policy, “Such a right is well settled in the law.”

The Right to Display

In a letter dated September 19, 2005 regarding the “Right to Display Nativity Scene,” which was sent to every mayor throughout West Virginia, Mr. Crampton asserted, “The rules governing privately sponsored displays, even when erected on public property, are much simpler: the private group may include any religious theme they desire, and need not add secular items at all. In order to facilitate privately sponsored displays, the city or town need only adopt a policy permitting use of public property, such as city or town hall or a public park, on a neutral basis by private groups for a given period of time, such as the holiday season. In that case, so long as the private group erects and maintains the display, the city or town need not fear a violation of the establishment clause; however, to deny permission to the private group may constitute a violation of the free exercise clause or establishment clause. It is recommended that with privately sponsored displays, a sign be erected to clearly inform the passersby, ‘This display is privately sponsored by ____.’”

Also, according to the U.S. Supreme Court, a mayor and council members, consistently with the First Amendment, may provide funding for and set up a Nativity display on public property such as in front of the city or town hall or in the public park, provided secular seasonal items are included: for example a reindeer, Santa Claus, snowman, and so on.

Should a mayor or council member in a city or town in America desire to publicly sponsor a Nativity Scene on public property, the AFA CLP letter advised, “In order to satisfy the courts, then, a publicly sponsored display should include secular items in addition to religious scenes, and arrange the display such that the religious scene does not become the focal point. Additionally, the religious items and the secular items should both be visible at the same time.” If you drove the West Virginia Turnpike during the 2005 Christmas season you may have noticed that all three toll plazas were decorated with secular items and a Nativity scene.

With the above in mind, will you prayerfully consider privately or publicly sponsoring a Nativity scene on your town or city public property? You can do so individually, as a church, or even as a joint effort community wide. You may consider funding this display personally, from the church treasury, from a special collection during a worship service, or from contributions from several churches.

Taking Action

Instead of complaining about how our religious rights are being denied and doing nothing about it, Christians have a wonderful opportunity to be “salt and light” in our communities during the Christmas holiday by sponsoring, purchasing, erecting, and maintaining a Nativity scene on public property. Let’s not be lukewarm, but rather let us show our faith by our works. While many of us spend much money on Christmas gifts to others, let us consider giving to the One who bestows every good and perfect gift.

Knowing that we can do all things through him who strengthens us, Mr. Crampton states, “The AFA Center for Law and Policy is available for consultation, free of charge, should any question arise as to the constitutionality of any particular display or contemplated action.”

I am grateful that the city of White Sulphur Springs, West Virginia, is cooperating in allowing me to privately sponsor a Nativity scene on city public property this year. Although I always appreciate individuals and churches who display the Nativity on their own private property, this year will be special for me. If you happen to be near exit 175 or 181 on Interstate 64, please stop and see for yourself.

If you’re in the Chicago area, go downtown to the Richard J. Daley Plaza and see a beautiful Nativity display privately sponsored by those who wish to keep Christ in Christmas. I visited the past three Christmases. Each year my appreciation grows, and I am blessed.

For more information and a list of outdoor Nativity scene suppliers, go to www.nativityhelp.org. You are also welcome to contact me at 304-536-9029 or barilla@achw.org. |L

Bruce Barilla is a freelance writer in White Sulphur Springs, West Virginia.

OUTLOOK is a forum for responsible Christian writers. The views expressed do not necessarily reflect those of Standard Publishing or THE LOOKOUT.

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