Lawsuit challenges new ban on 63-year-old Michigan roadside nativity display

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Ann Arbor, Mich., Oct 27, 2009 / 06:32 am (CNA).- A 63-year-old tradition of having a privately maintained nativity scene on a public median in Warren, Michigan has been ended after the local road commission received a threatening letter from the Freedom From Religion Foundation. The move has resulted in a lawsuit charging that the ban on the display is discriminatory.

In 1945 St. Anne’s Parish received a donation of Christmas nativity statues which were too large to set up inside the church. Some parishioners thought the statues and a manger could be displayed in the center of the village during the Christmas holidays.

Warren’s village president granted permission to display the nativity scene on the road median.

Since 1945, a nativity display has been erected at the location by Warren resident John Satawa and members of his family. He took over responsibility for the display from his father, Joseph Satawa, who died in 1965.

Community members, private businesses and organizations have also helped maintain the tradition.

The Freedom from Religion Foundation claimed that the presence of the nativity display violated the “constitutional principle of separation of church and state.”

In December 2008, after receiving the group’s letter, the Road Commission demanded that Satawa immediately remove the display, citing improper permits.

Satawa’s 2009 permit application was denied on the grounds the nativity display “clearly displays a religious message” in violation of the “separation of church and state.”

On October 23 the Ann Arbor-based Thomas More Law Center filed a federal lawsuit on behalf of Satawa against the Macomb County Road Commission. The suit charges that the Road Commission’s restriction violates Satawa’s First Amendment rights and his equal protection guarantee under the Fourteenth Amendment. The suit also charges that the commission’s policy decision violates the Constitution’s Establishment Clause by disfavoring religion.

The Law Center filed the lawsuit to obtain a declaratory judgment that the Road Commission’s actions were unconstitutional and to secure a court order permitting the display.

Law Center attorney Robert Muise, who is handling the case, said that the U.S. Supreme Court holds that public streets are “held in the public trust” and are “properly considered traditional public forums for private speech.”

“Moreover, the Supreme Court has also stated that ‘private religious speech, far from being a First Amendment orphan, is as fully protected under the Free Speech Clause as secular private expression.’ Consequently, by restricting speech because it is religious expression, the Road Commission is imposing a content-based restriction on private speech in a traditional public forum in clear violation of the Constitution,” Muise added.

Law Center President and Chief Counsel Richard Thompson was very critical of the Road Commission’s action and the Freedom From Religion Foundation.

“Every Christmas holiday, militant atheists, acting like the Taliban, use the phrase ‘separation of church and state, ’ — nowhere found in our constitution — as a means of intimidating municipalities and schools into removing expressions celebrating Christmas, a National Holiday,” Thompson charged.

“Their goal is to cleanse our public square of all Christian symbols. However, the grand purpose of our Founding Fathers and the First Amendment was to protect religion, not eliminate it. Municipalities and schools should be aware that the systematic exclusion of Christmas symbols during the holiday season is itself inconsistent with the Constitution.”

Comments: 35

Subscriber comments:

Published by: psalm
Detroit/MI/USA 11/16/2009 02:35 PM EST

"This country was founded on keeping religion out of the government and vice versa." We probably have very different ideas on what exactly this means.

Published by: RhoEps
Colorado Springs, CO 11/06/2009 06:57 PM EST

psalm, This country was founded on keeping religion out of the government and vice versa. And we are fighting the good fight against those that would force their values on us via force of law. Thanks for the encouragement!

Published by: psalm
Detroit/MI/USA 11/06/2009 01:33 PM EST

This country has Christian roots. Some people are just going to have to accept that fact! Our founding fathers would be disgusted with the nonsense we have to put up with today. I'm sure the promoters of angry atheism such as PZ Meyers, Christopher Hitchens, and Richard Dawkins love to see stories like this. To heck with them. This country was founded on Christian values and not atheism. Fight the good fight my friends.

Published by: Henry
San Antonio/TX/USA 11/02/2009 04:32 PM EST

Curmudgeon, I guess so, as long as you get the permit. But you can see/venerate statues of Buddha at most asain restaurant. No one protests those

Published by: RhoEps
Colorado Springs, CO 11/02/2009 03:53 PM EST

Hans, Good point, the majority can be persecuted if the government is endorsing a particular religion and doing the persecuting, which is exactly what we are trying to avoid. Phil, Your assertion that atheism is a religion is simply incorrect. The rest of your post is a rant that amply disply the reasons that people don't want the government enforcing your views through the law, thank you for making my point. Lowell, Again, you HAVE freedom of religion. I don't want to strip you of that (and I would fight against it), but I also don't want the government to favor your (or any other religion), it must remain neutral. Allowing Christian symbols in the public square while denying others is, obviously, favoring Christianity.

Published by: Curmudgeon
Los Angeles, CA, USA 11/02/2009 01:20 PM EST

Nobody's anwered my question yet, so I'll repeat it for all concerned Christians and others. Will it be okay for me to erect a life-sized statue of the Buddha in the public median on the day in May traditionally celebrated as the Buddha's birthday?

Published by: Lowell Aspelund
Plentywood, MT USA 11/02/2009 12:35 AM EST

Freedom “OF religion” – NOT freedom from religion. The first Pilgrims fled England and the religious oppression of the king of England. They came to America for freedom OF religion. Our government was formed by religious people. They wrote our constitution to guarantee freedom OF religion. They did not say “freedom from religion”. Anti-God people have read it the way they want to. They either forget or refuse to acknowledge why we are here. I had a good friend who lost his wife to cancer. She had had a very rough time and he hated God for it. He told me “you don’t really believe in your God do you?” “Yes I do and it is quite evident that you do too – otherwise you couldn’t hate Him so much”. He asked me “don’t you believe in evolution?” I replied to him “Yes I do – a creature evolves to adapt to his environment. That is evolution. If you want me to believe that man evolved from the monkey – prove to me who made the monkey and I will consider it”. Did you ever notice the word “creature” is derived from the word “creation”? Creatures were created.

Published by: Phil Mac
Phila,PA, USA 10/31/2009 05:14 PM EST

Well let me say My wife and I are appalled. How much more are we going to have this type of bias shoved in all of our faces?! We cater to such atheistic practices.. Right here they can't deny it..It's a Religion.Google it..Wikipedia.. All creditable research. They are engaged to force their religion on us. Thus Violating the 1st ammendment of our constitution. I was always taught to hit them where it hurts.. The Pockets.. Something to think on which my wife and I will engage in. If 1/2 the USA Christian population found out which stores or outlets are atheistic owned and refuse to buy our christmas gifts from them and catered to those that agree with our belief with the way a "Nationial" holiday should be celebrated, which is the welcoming of all religion/beliefs I bet we see out fast they change their tunes. If not let's just boycott them all together and see what they got to say. It worked 300 years ago and it will work now. I will be telling everyone this idea. I suggest you all do too. Enough talk!! They don't want to work with us then we will not work with them. Boycott the Atheists! It's time we take action and take our rights back! Like a post stated..everyone in that city should put so many Nativity Scenes up until the Atheists are sick to death! And for every 1 they get removed but 5 more up in it's place. Enough with this poppycock! Let's Shove it in their faces..WE HAD ENOUGH OF YOUR RELIGION!!!!!!!

Published by: Hans-Georg Lundahl
Paris, France 10/31/2009 03:10 PM EST

Christians may be a majority of the population, if you count those who identify themselves as Christian rathen than as anything else. Nevertheless, a majority may be persecuted, as was the case of the Catholic majority under Henry, Edward and Elisabeth in final Tudor era, and under James I in early Stuart era, when Catholics, due to persecution, were no longer majority.

Published by: RhoEps
Colorado Springs, CO 10/30/2009 03:35 PM EST

Peggy: Christians are most decidedly NOT a minority in this country. It amuses me when you claim 'persecution'. Moving the symbol to the 98% of land where nobody would object doesn't seem like a lot to ask. BTW, the free exercise of religion does not include setting religious symbols up on public property any more than free speech allows yelling 'fire' in a crowded theater. Al: Nobody is trying to get rid of God and nobody is trying to destroy the country (a bit hyperbolic, don't you think?). They just want to make sure that government isn't fostering one particular religion over another. Chuck: Excellent idea. And as long as they are on private property, as you propose, it won't be an issue.

Published by: Dan
Sterling Heights, MI 10/30/2009 01:08 PM EST

Isn't a big part of the issue that the nativity scene is the the middle of a busy bolevard and it causes a traffice hazzard? Couldn't it be moved to a safer location?

Published by: Mark T in Texas
San Antonio/TX/USA 10/29/2009 06:56 PM EST

Amen, Chuck, I am with you. It is time to get something constructive done rather than just talk about it. Count me in.

Published by: Chuck
Schaumburg, Illinois 10/29/2009 03:51 PM EST

It is time for people to stop posting disagreement on the internet and start taking action. If I lived in your town I would begin a movement to place Nativity sets all over the city. I would especially encourage people near main roads to put them as close to public property as possible. I would ask Christian merchants to put them in their windows on Main Street and every other street in town. We can harp about our rights until we are blue in the face but if we just harp and don't act nothing will change. Remember God loves the people who are blocking this display but Christ would not have shied away from declaring His God Hood so don't you be shy. Let the true Christians make a statement and let the pretend Christians sit on the side lines and watch. Be peaceful and let the Nativity sets do your talking.

Published by: lester
NY 10/29/2009 02:34 PM EST

I'm confused. Is the nativity scene being put up or not?

Published by: Al
The Villages, Fl USA 10/29/2009 02:34 PM EST

When I was a child, Christmas was a magic time of year and it was catching. Everyone was caught up in the good feeling of the time whether one was a Christian or not. Today, we have lawsuits trying to get rid of God, the society is no longer so civil and some miscreants are trying to destroy this country - apparently not aware of what they will get if successful.

Published by: Peggy
Omaha NE USA 10/29/2009 12:08 PM EST

The full First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press: or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This seems to be "prohibiting the free exercise thereof (religion)". Why is it when Christians were told to "turn the other cheek" we all decided to bend over and get kicked in the pants. Enough persecution already--who is the minority now?

Published by: Will
Ann Arbor, MI 10/29/2009 12:04 PM EST

Anyone know how to get in touch with this person? I am a law student here in Michigan and would like to help if I could.

Published by: Mark in Texas
San Antonio, TX, USA 10/28/2009 06:30 PM EST

"Congress shall not make no law respecting an establishment of religion" does not mean that congress will make it a point to eliminate religion. NO, not at all - it means that congress shall not FAVOR one religion over another. Just like in the "free" market, religions were intended to compete fairly for their adherents. Congress was just supposed to GET OUT OF THE WAY! Yep, just like the free market, anytime government gets their grubby hands on things, it all gets messed up! This is just another example of stupidity, under the thin veil of "progress" gonw awry.

Published by: RhoEps
USA 10/28/2009 05:31 PM EST

Amazing. There are literally thousands of places where a nativity can be put up and nobody would complain, and only a few where there is an issue. Yet some folks (Militant Christians, perhaps?) insist on putting it into these few places and then claim persecution when it is pointed out to them that it is illegal. The ONLY reason to insist on the ability to put up religious symbols on public land is to push (militantly) a theological agenda, it has nothing to do with celebrating Christmas.

Published by: Curmudgeon
Los Angeles, CA, USA 10/28/2009 03:46 PM EST

I am neither an atheist (militant or otherwise) nor a Christian. I lean toward Tibetan Buddhism and am a sincere admirer of the Dalai Lama (no, he is not considered a god of any sort). Would it be okay for me to erect a life-size statue of Siddhartha Gautama (the Buddha --- also not a god of any sort) in the public median on the day traditionally celebrated as Buddha's birthday?

Published by: Mike
MA 10/28/2009 09:10 AM EST

Actually, Stephen Jones, the holiday now called Christmas was originally a celebration of the winter solstice. In fact most of the Christmas decorations and traditions, such as holly, yule logs, evergreen trees, and exchanging presents, were born of this celebration. As for the rest of the comments, c'mon people. No-one is trying to silence Christians or force Christianity out of America. But our government should not be endorsing any religion, much less one religion over others. Access to this government-owned strip of land must be granted or denied equally to all.

Published by: Brian McNally
Ottawa, ON. Canada 10/28/2009 12:20 AM EST

TAKE THEM ON! The anti-religious nuts have only 13,000 members contributing only $580,000 per year with less than $6,000,000 in the bank to pay 4 full time employees...SO--go to Court with them every time...and take them to Court for Discriminating Against You! Their money will soon run out...and they and their ilk will soon be gone and forgotten! Drive them into Bankruptcy!

Published by: Vicky
India 10/27/2009 10:47 PM EST

it looks to me that at present there is no difference between America and the olden days when the early Christians cannot com out and pray when Jesus was died. God save america.

Published by: Joe Cober
Guelph,Ontario,Canada 10/27/2009 09:01 PM EST

joecober@rogers.com In Milan,police arrested a Brazilian transsexual on Sunday.He stripped naked in front of the altar during Mass and began to attack the priest who was presiding over the Mass.How often have atheists invaded a church during Mass, causing a disturbance, causing damage ?

Published by: robert matzinger
taylor/michigan/usa 10/27/2009 07:52 PM EST

When I was child 60 some years ago, how we all looked forward to all the nativity scenes put up by all the churches of all denominations. I don't know anyone that seemed offended and they didn't seem to bother or unduly influence those that were not Christains: they just passed on by. But that was then. What is it that suddenly "now", so many are suddenly offended in a manner they can't even explain? One by one, year by year, our elected politicians have throw away any Christain heritage this country once had. And I guess we have to consider ourselves fortunate if we can put one up on our own property.

Published by: aaron
chicago,IL 10/27/2009 04:41 PM EST

We are slowly losing the Christ in Christmas. It's very sad what's happening in our country.

Published by: DLL
scituate Mass 10/27/2009 04:01 PM EST

There are too many serious problems in the world to be so concerned about"Religious Symbols"! This is annual nonsense and it is reverse discrimination. America is a melting pot of many different customs and celebrations and tolerance for these differences is respect! Christmas does nothing more than to bring out the best in people. A baby in a manger scene with a mother and father is an expression of pure and innocent family based love. This is a universal theme of respect for the human family. The religious significance can be enjoyed at a midnight mass and no one is attempting to conduct an activity like that in the public square. America should not depend on the Christmas Holiday to turn it's economy around anyway. Boycott all unnecessary spending at Christmas and the seeming necessity to Christmas shop. Give to the poor and encourage your children to do the same that is respect for the Christ Child. The manger scene is a making room for the Holy Family and the Christ Child especially,in ones heart. No public nonsense cannot take the Power of the Holy Spirit from us any time or any place. May the Sacred Heart of Christ be with us all so an early wish to all for a Very Merry Christ-Mass!

Published by: Thien
FtW, TX 10/27/2009 03:25 PM EST

Amen Cathy. It appeared that there's an agenda to push God out of every corner and change the constitution to fit their preferences.

Published by: Ronald Morrow
Valrico, Fl 10/27/2009 01:18 PM EST

Once again those who work for the state, county, etc act with their hands and feet rather then with their heads. They act out of fear and fail to verify if the complaint is valid and meets the criteria governing free speech. There are agencies out there who bully state and local officials into doing something that is not necessary and in a lot of cases just plain wrong. That is why it is necessary to take the right step, question the complaints and seek legal counsel before any action is taken. I hope and pray that this little community wins.

Published by: Stephen Jones
Kentucky 10/27/2009 10:31 AM EST

Without Jesus Christ and the birth of Jesus Christ there is no Christmas. Jesus is the only reason for the season. Have you all noticed in the past few years when people are having a difficulty wishing others Merry Christmas, the whole meaning of that beautiful virgin birth of Jesus Christ has lost all meaning for many people. Jesus is the only reason for the season and proclaim his name loud and clear even on your rooftops and by displaying that most simple virgin birth in the Nativity Scene where ever you can.

Published by: Diane
Edmonton 10/27/2009 10:27 AM EST

Good God save us! This world is so morally polluted and not getting better!

Published by: Ray Ingles
Detroit, MI USA 10/27/2009 10:24 AM EST

No, if atheists really *were* militant, really *were* "acting like the Taliban", they'd shoot people setting up nativity scenes on private as well as public land. Instead, they write letters, asking only that public land not be used for religious purposes. Saying nothing about private land. Now, *if* the road median were commonly available to anyone to put up any sign, then that'd be different. There'd be no reason to specifically forbid religious displays, so long an non- or anti-religious displays could also be set up given proper permits. But there's no indication that's the case here.

Published by: jeanette
warren,mi 10/27/2009 08:11 AM EST

SO VERY sad,murder,rape,terrorist,people losing money & homes do to fraud by corporations,loss of jobs etc.Young people feeling they have a right to just take even by force other people's possessions,none or not enough health care I could go on & on & these people want to take away what could very likely the only joy or hope some people have in their lives.find something good to do,maybe you don't believe in God but that doesn't mean you're a bad person use that energy to help feed your neighbor,cut his grass,etc.I don't believe because you don't believe you're not a good person,& that you do feel compassion for people.So much good can be done rather than cause so much sadness,do something good

Published by: Francis
Wareham Ma 10/27/2009 07:58 AM EST

"A 63-year-old tradition of having a privately maintained nativity scene on a public median in Warren, Michigan has been ended after the local road commission received a threatening letter from the Freedom From Religion Foundation. The move has resulted in a lawsuit charging that the ban on the display is discriminatory". History is repeating itself people!!Just as Blessed Maria Restituta refused to take down the cruxifixes in the hospitals during the Nazi regime, we must emulate her dedication to Christ and fight these modern day Nazis and defend not only Our Lord and his Church but our Constitutional rights from these secular, leftist, and liberal fascists of our day! With the federal government made up as it is, these anti Catholic and anti constitution people and groups have allies in the white house and in Congress. Blessed Maria Restituta pray for us!

Published by: cathy
ND USA 10/27/2009 07:49 AM EST

"Congress shall make no law respecting an establishment of religion, OR PROHIBITING THE FREE EXCERCIS THEREOF; OR ABRDIGING THE FREEDOM OF SPEECH..." Why is it that people always cut off this ammendment to be only "congress shall make no law respecting an establishment of religion."

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