Friday 26 February 2016

Atheists sue Texas guv over Capitol-display fight

Texas Gov. Greg Abbott

Texas Gov. Greg Abbott

Texas Gov. Greg Abbott is being sued by an atheist group over his decision to remove its nativity-scene parody from the state Capitol in December.

The Freedom From Religion Foundation announced a federal lawsuit against Abbott in the Western District of Texas, Austin division, on Thursday. The organization alleges the governor violated free speech, equal protection and due process rights when he ordered the removal of an “exhibit” commemorating the “birth” of the Bill of Rights.

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The image in question, approved by Texas’ State Preservation Board, included the Statue of Liberty, the Founding Fathers, and the Bill of Rights in a manger. It was placed in the state Capitol Dec. 18, 2015, and remained there for three days before Abbott acted.

(Photo: Freedom From Religion Foundation)

(Photo: Freedom From Religion Foundation)

“Mocking the Capitol nativity scene is offensive. I demand [the] removal of [the] satirical ‘nativity scene’ from Capitol,” Abbott tweeted Dec. 22, 2015.

The governor also penned a letter to the State Preservation Board, which was obtained by Breitbart News on the same day.

“[This] juvenile parody violates the Preservation Board’s regulations and should be removed immediately. … The biblical scene of the newly born Jesus Christ lying in a manger in Bethlehem lies at the very heart of the Christian faith. Subjecting an image held sacred by millions of Texans to the Foundation’s tasteless sarcasm does nothing to promote morals and the general welfare,” Abbott said. “To the contrary, the Foundation’s spiteful message is intentionally designed to belittle and offend, which undermines rather than promotes any public purpose a display promoting the Bill of Rights might otherwise have had.”

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FFRF‘s lawsuit alleges Abbot’s actions demonstrated “unambiguous viewpoint discrimination” towards “non-theistic content.”

The group seeks a judgment that defendants violated the Establishment Clause of the First Amendment and clauses protecting free speech and equal protect rights and due process rights. It is asking for “damages and reasonable costs and attorneys’ fees.”

Last Christmas was a busy time for FFRF. Its legal threats also put an end to a 25-year Christmas tradition in Portland, Oregon.

The Grotto’s Christmas Festival of Lights was held in a botanical garden at a Catholic shrine for almost two decades. Choirs from churches, schools, and other organizations came to share their skills with the community.

“Just because it’s a tradition doesn’t mean its legal. Whole generations of students in Portland are being sent the message that it’s fine for public schools to promote Catholic events,” Annie Laurie Gaylor, co-president of the Freedom from Religion Foundation, told the Oregonian Oct. 9, 2015.

Lawyers for Portland Public Schools District reviewed the atheists group’s complaint and concluded the legal risk of continuing the tradition was too much to accept.

“I attended Grant HS from 1991-1995. I was a member of the Acapella Choir and The Royal Blues,” wrote Jennifer O’Leary on a Change.org petition in response to the district’s decision. “We had the honor of singing all over the state of Oregon and internationally as well. One of my favorite performances was our yearly concert at The Grotto. It became a tradition. It was never a Catholic tradition, it wasn’t a religious tradition, it was a performance tradition. It was an opportunity for us to sing together and celebrate music!”

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