Liberty Counsel filed a brief in opposition to the American Civil Liberties Union of Indiana (ACLU)’s preliminary injunction attempting to remove a Nativity scene on the Fulton County Courthouse lawn that has been displayed annually since 1980. Liberty Counsel represents Fulton County against the ACLU.
The ACLU and Roger Lamunion first brought a lawsuit in 2018 to challenge the constitutionality of an annual holiday display on the grounds of the courthouse. Although two Christmas seasons have already come and gone since they sued, the plaintiffs now belatedly seek a preliminary injunction as “an extraordinary and drastic remedy” to ban the Nativity scene from this year’s holiday season. In addition, Lamunion is not even a resident of Fulton County, and he has failed to demonstrate that he has suffered harm or has just cause to bring this action.
The Rochester Optimist Club is a volunteer organization dedicated to improving the lives of youth through service projects and civic engagement and has owned, stored, and maintained the holiday display for nearly 40 years. In addition to the Nativity scene, the Fulton County display includes a Santa house, Santa Claus, lighted reindeer, snowman, and candlestick.
The U.S. Supreme Court and numerous federal appeals courts have recognized that government entities may recognize Christmas as a holiday and may maintain Christmas displays that include both religious and secular symbols. Therefore, this display does not violate the First Amendment and includes all the elements federal courts have held to be constitutional.
Liberty Counsel Founder and Chairman Mat Staver said, “Publicly sponsored Nativity scenes on public property are constitutional, especially when the display includes other secular symbols of the holiday. This Christmas display in Fulton County is no exception. Every year, the ACLU unsuccessfully attempts to prove that is the wrong on the law.”
