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County Attorney drafts response to Freedom From Religion Foundation attorney’s complaints

Rich Flowers

The Athens Review

Athens — Henderson County Attorney Clint Davis has written a response to a Wisconsin-based organization that is protesting the nativity scene displayed each year on the courthouse lawn.



The county received a letter Monday from Freedom From Religion foundation stating that since the manger scene is the only seasonal display on the grounds, it is an endorsement of the Christian religion, and therefore unconstitutional.



Davis’ reply informs the foundation that the manger scene is not the only seasonal display on the courthouse property.



County Judge Richard Sanders said Davis’ response was sent Wednesday afternoon.



“We’ve got an array of decorations, and feel that we are in compliance with federal law,” Sanders said. “We’re not pushing any religion down anybody’s throat. These are holiday decorations we enjoy. If there was a groundswell against it in Henderson County, it would be different. But everybody I’ve talked to in Henderson County has been very positive.”



FFRF Staff Attorney Stephanie Schmitt, who drafted the letter, said learning that the county has allowed Keep Athens Beautiful, an outside organization, to place the displays at the courthouse, the decorations constitute a “public forum.”



“We’re planning on seeking permission to put up our own display,” Schmidt said.



Schmidt said the Freedom From Religion Foundation receives complaints of illegal religious displays each holiday season. This year, 20 to 25 have come in, she estimated.



Cases have come up in the state of Washington, Mississippi and Pennsylvania, to name a few, she said.



A case in Elmwood City, Pa. has similarities to the Henderson County controversy. In that dispute, according to an Elmwood City Ledger story, FFRT sent a banner to the city this year to be included in the local holiday display.



The foundation’s website states that the banner was sent after months of correspondence between the organization and the city.



Throughout the day Thursday, as news of the Henderson County controversy rippled beyond local boundaries, representatives of various media organizations went to the southeast corner of the courthouse lawn to follow up on the story.



Meanwhile, signatures were being collected in support of the manger scene.



In another development,  Henderson County Sheriff Ray Nutt said his office received a report Thursday, that someone had defaced some of the figures in the display. The markings were later removed, reports said.



Malakoff First Baptist Church Pastor Nathan Lorick said a rally has been scheduled for  noon, Dec. 17, the scope of which is larger than just to support the nativity scene.



“The hope for this is to bring together as many evangelical Christians as we can in our county to say, regardless of whether they take our plastic nativity scene, they can’t take what’s in us,” Lorick said. “We want to make a statement, not just to East Texas, and to this person in this organization, but literally to the nation, that we have a group of people willing to stand for what we believe in.”



The following is the text of Henderson County Attorney Davis’ letter.



Dear Ms. Schmitt:



I am the County Attorney for Henderson County, and on behalf of Henderson County, am responding to your letter of December 1, 2011. I believe that your letter was written, based upon the incorrect factual premise that the nativity scene was the only seasonal display on county grounds.



In addition to the nativity scene, we have Santa Clauses (multiple), a Santa house, elves, wreathes, garland, trumpeters, dwarfs, snowmen, reindeer, white tail deer, Christmas Trees, Christmas lights, and a plethora of other decorations surrounding our courthouse.



I am not sure how familiar you are with Athens or Henderson County, but Athens is centrally-located in the County, and our courthouse is centrally located within the City of Athens.



These displays are secular in purpose, and placed in our County in a visible location to create a festive atmosphere for the celebration of Christmas.



As I am sure you are aware, the U.S. Supreme Court has upheld these types of displays, and we believe that we are in compliance with the guidelines set forth in Lynch v. Donnelly, and the test created in Lemon v. Kurtzman by the U.S. Supreme Court.



More recently, the Supreme Court reinforced those 1980-era decisions in Salazar v. Buono, and made clear that, "the goal of avoiding governmental endorsement does not require eradication of all religious symbols in the public realm." Salazar v. Buono, 130 S. Ct. 1803, 1817-20 (2010)

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Original story published Thursday, Dec. 8, 2011

ATHENS — The nativity scene on the southeast corner of the Henderson County Courthouse lawn has drawn a protest in the form of a letter from the Freedom From Religion Foundation, an organization based in Madison, Wis.

The scene, which has been displayed at the location since the 2008 season, is placed there each year by Keep Athens Beautiful.

County Judge Richard Sanders said the scene is in keeping with the tradition of Christmas celebrations in the area, and is just part of the decorative effort done around the courthouse each year.

“The nativity scene is part of our history in America, and I would think the vast majority of the people living in Henderson County would enjoy coming by and taking a look, not only at that scene, but the other things that are on the courthouse lawn during the Christmas holidays,” Sanders said.

The letter, dated Dec. 1, was addressed to the County Commissioners from Stephanie Schmidt, Staff Attorney for the Foundation. It begins:

“I am writing on behalf of a concerned area resident and taxpayer, as well as other Texas members of the Freedom From Religion Foundation, who object to the erection of a nativity scene on Henderson County property.”

The letter alleges that the nativity scene is the only seasonal display on the grounds which actually have scenes on each corner dedicated to aspects of the holiday season.

“It is unlawful for the county to maintain, erect, or host this nativity scene, thus singling out, showing preference for, and endorsing on religion,” the letter contends.

Several instances of case law are cited in the text supporting Schmidt’s argument. The letter concludes with a request that the Commissioners Court take immediate action to insure that no religious displays are on city or county property.

“County Attorney Clint Davis is looking into the matter, and we will look at sending them an answer going forward,” Sanders said. “Right now, we’re in the process of looking up the cases that the letter we received mentioned.”

Sanders said the nativity scene has received numerous compliments since it was added to the courthouse Christmas array a few years ago. He said he had not personally heard from anyone who disapproved of the display.

“I know the other night during the Christmas parade, how many people were walking around the grounds looking at the different items we have on the courthouse lawn. And you could see the festive-type environment for the citizens,” Sanders said. “I think everybody enjoys it.”

In January, 2009, not long after the first appearance of the scene, the Athens Review printed a letter to the editor that expressed a positive view of the display.

“To the kind folks responsible for the beautiful nativity scene on the courthouse lawn, I salute you for a job well-done. The nativity scene on our courthouse lawn is the best I’ve seen.” the letter read.

In contrast, the FFRF letter contends that the courthouse lawn is not the place for the Christian-themed depiction of the Christ child, Mary and Joseph and shepherds.

“There are ample private and church grounds where religious displays may be freely-placed. Once the government enters into the religion business, conferring endorsement and preference for some religions over others, it strikes a blow at religious liberty, forcing taxpayers of all faiths, and no religion, to support a particular expression of worship.”

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Social media reaction to courthouse display heavy, varied

ATHENS — It started as a whisper.

But on social media Web sites, it often doesn’t take long for things to come to a full roar.

Among The Malakoff News’s Tuesday morning Facebook posts was an item informing readers that an anonymous resident had complained about the nativity scene located on the southeast corner of the Henderson County Courthouse square.

That complaint went to the Wisconsin-based Freedom From Religion Foundation, which in turn contacted the county and demanded in a letter dated Dec. 1 that the nativity scene that celebrates the birth of Jesus Christ be removed.

As the couty mulls its next move, County Judge Richard Sanders said County Attorney Clint Davis is looking into legal cases and other information in order to craft a response and area pastors are mobilizing.

On Wednesday morning, four area pastors — Nathan Lorick of First Baptist Malakoff, Robert Welch of Rock Hill Baptist in Brownsboro,  Eric Graham of Sand Springs Baptist Church in Athens and Derek Rogers, a county resident who pastors a church in Corsicana — met to discuss a response.

At their meeting, the pastors issued a call to all area pastors to meet Friday at 9 a.m. at Sand Springs Baptist Church. That meeting is intended to hammer down details for a Nativity Rally set for Saturday, Dec. 17.

Meanwhile, as a standoff may or may not be building in the real world, lines in cyberspace were drawn almost immediately upon release of the news.

In the span of about an hour, The News’s Facebook site — which broke the story — had received hundreds of comments ranging from ridiculous to reasonable.

A similar posting on the Daily Sun’s Facebook site linking to the story drew immediate response Thursday.

Overwhelmingly, posters spoke out in support of keeping the nativity scene.

“Jesus is the reason for the season,” one woman posted. “...If some do not like it, look the other way ...”

“We have all been caught off guard by this,”  another wrote. “Before this year it has never been an issue that I know of here. I am praying!”

Others said they were not offended — including several who are Jewish — but offered that the nativity scene could be moved to Ginger’s Park on the west side of the square or to a nearby business. Athens Screen Printing, located just to the southeast of the square, was among the first to offer its storefront if the nativity scene is taken down.

One woman posted that people “need to shut up and stop whining about this. If no other religious things are allowed to be up, then no Christian things (sic) should be up either.”

Other news posted to the site, ranging from guilty verdicts to talk of possible snow, got strangled by the deluge of comments regarding the issue.

“Why are so many people trying to take Christ out of Christmas?” one person asked.

“Jesus is the reason for the season!” proclaimed one poster.

“Santa Claus,” another deadpanned, “will be next.”

Still others bypassed the debate altogether while still letting their opinion be known.

“Take it, don’t take it,” an area educator posted. “Jesus is my Lord and Savior and you can do nothing to change it.

“Oh and by the way, bless you.”

Among some of the comments received Thursday on the Daily Sun’s Facebook site:

“I do not live in Athens but, this is crazy. God is the beginning and the end. That is what is wrong with the world today.”

“I applaud Athens!!! I think we should all have nativity scenes on our lawns. Its offensive to us that the atheiest get to tell us we cant have a a nativity scene.”

“I commend Athens and think they are an example of what Christmas is really about. Every courthouse in the US should follow their lead. God bless America and Athens”

“We as christians, need to start speaking up for our believes and our rights and stop worrying about being politically correct.”

And, the all encompasing reply:

“Don't mess with Texas!”

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The Athens Review is a sister publication of the Corsicana Daily Sun. Want to “Soundoff” on this story? Email: soundoff@corsicanadailysun.com