Constitutional Law

Wash. Capitol Celebrates Holiday Season Inclusively, Riling Pundits

A few Fox News pundits, particularly Bill O’Reilly, are obsessed, and have been for many years, with the so-called “war on Christmas.” Allegedly the nation’s secularists are intent on erasing all vestiges of religion during the month of December and their main target is Christmas. It’s not surprising then that several of the cable news channels’ bloviaters are losing it over the situation in Washington State where officials have permitted on statehouse grounds an array of holiday displays and messages.

The state Capitol has a nativity scene, obviously in recognition of many Christians who celebrate Dec. 25 as a religious day. But because the Washington Capitol building in Olympia is supported by all the state’s taxpayers, not just observant Christians, state officials are constitutionally obligated to recognize others during the holiday season. Indeed if Washington State officials were only to allow a nativity scene on public grounds, they’d put the state in jeopardy of a First Amendment lawsuit.

Government officials are prohibited by the First Amendment from promoting one religion over others or religion over non-religion. So Washington’s statehouse grounds are also home to a sign that reads, “Religion is but myth and superstition that hardens hearts and enslaves minds.” Moreover, someone has requested that a “Festivus” pole be displayed alongside the other holiday displays and messages. Fans of the 1990s sitcom “Seinfeld” will recognize, “Festivus for the Rest of Us.”

The situation in Washington, and especially the request of the Festivus inclusion sent Gretchen Carlson, co-host of Fox News’ “Fox & Friends,” into a lather of sorts on the Dec. 11 broadcast. In discussing the extremely pressing issue of the Washington Capitol’s holiday décor, the program’s other host, Steve Doocy, claimed that, “The key is about Christmas, you know, this is a time to be tolerant of people of all religions, you know ….” Carlson, having none of it, fired back, “I am tolerant. I’m all for free speech and free rights, just not on December 25th.” Media Matters For America has the full exchange here.

Washington Gov. Christine Gregoire has defended the state’s holiday display policy, saying in a statement that, “The U.S. Supreme Court has been consistent and clear that, under the Constitution’s First Amendment, once government admits one religious display or viewpoint onto public property, it may not discriminate against the content of other displays, including viewpoints of nonbelievers.”

Some argue, however, that government officials all over the nation would do well to leave the holiday celebrating to businesses, churches, synagogues, mosques and other private entities. Let those entities festoon their property with whatever displays and messages they desire. Unfortunately, the pushers of the “war on Christmas” need to keep the government involved in the picture.

Full post as published by ACS Blog on December 12, 2008 (boomark / email).