Vix is blamed for the city’s decision to ban all
private displays in Palisades Park, ending a tradition of 14 Nativity scenes
erected by church groups in the park every December for the last 60 years.
The Santa Monica Christmas controversy began several
years ago when Vix decided to counter the crèches by posting a sign with a
quotation mistakenly attributed to Thomas Jefferson:
“Religions are all alike — founded upon fables and
mythologies.”
Other atheists joined Vix to demand space, forcing
the city to set up a lottery to divvy up slots in the park. Tensions mounted in
the community last December after atheist groups flooded the lottery pool and
won most of the available space. Many of their displays were vandalized.
In June, frustrated city officials tried to end the
holiday war by banning all private displays in the park. Churches fought back
with a lawsuit. But last week they lost round one when a federal judge allowed
the ban to take effect.
The dueling displays in Santa Monica are the latest
example of a trend across the country.
Atheists are employing a new strategy to challenge
the presence of religion in the public square: Wherever religious messages are
allowed in public parks or government buildings, atheist groups increasingly
demand equal time and space.
Of course, Vix and many other atheists would prefer
to see all religious symbols banned from public property, even when privately
sponsored, as a violation of the establishment clause of the First Amendment.
In their view, a Nativity scene on public property sends a message of
government endorsement of religion.
But the U.S. Supreme Court sees it differently.
Although government may not promote a religious
message, the Court has ruled that private religious expression in a public
forum doesn’t violate the establishment clause as long as other expression is
allowed on equal terms.
So Santa Monica may constitutionally allow churches’
Nativity displays in the park if, and only if, the city allows other groups to
display their messages.
The only other option open to city officials is to
shut down the forum for all nongovernment expression, which is what Santa
Monica decided to do.
Savvy atheists have figured out that the best way to
beat them is to join them: Counter religious messages with anti-religious
messages — and government officials have no choice but to allow all or nothing.
The strategy seems to be working. A few years ago, the
state of Washington barred all nongovernment displays in the Capitol building
after atheist groups put up signs mocking religion next to religious displays
in December.
In Arkansas, it took an order by a federal judge to
force the state to allow atheists to erect a “winter solstice” display next to
a privately sponsored Nativity scene at the Capitol. Similar conflicts have
broken out across America.
Beyond the angry rhetoric, both sides in this battle
have made valid — and valuable — constitutional points:
Religious groups have established that the First
Amendment separates church from state, but not religious expression from public
spaces. Whenever government creates a public forum, it can’t bar purely private
religious expression.
Atheists have established that the First Amendment
creates a level playing field. If religious groups get space in public parks or
government buildings, then so must other groups — including in December.
So now that we all understand that a right for one
is a right for all, maybe it’s time for atheist groups to declare victory and
stay home for the holidays. Let Christian groups set up Nativity displays in
public spaces unanswered in December — and save the atheist messages for
another time of year.
Yes, I understand why atheists want to make sure
that religion isn’t privileged by government in the public square (as it has
been for much of our history). But at some point (and Santa Monica has surely
reached it) in-your-face tactics become counterproductive and needlessly
divisive.
After all, whether we celebrate Christmas, Hanukkah,
the winter solstice or none of the above, we can all benefit from a more civil
and peaceful public square.
About the author: Charles C. Haynes is director of
the Religious Freedom Education Project at the Newseum, 555 Pennsylvania Ave.,
N.W., Washington, D.C., 20001. Web: http://www.firstamendmentcenter.org/.
E-mail: chaynes[at]freedomforum.org.
This article was published by the First Amendment Center.
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