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Florida Believers Fight City Over Public Nativity Scenes

by Allie Martin and Jenni Parker
December 18, 2003
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(AgapePress) - One of the wealthiest cities in the United States is facing a lawsuit for religious discrimination.

The Thomas More Law Center brought the lawsuit against the Town of Palm Beach, Florida, on behalf of two residents who wanted officials to display a Nativity scene at public locations. The suit alleges that, for the past two years, city officials have permitted the public display of Jewish menorahs but refused to review requests to have Christian Nativity scenes displayed alongside them.

The plaintiffs' suit contends that the town's failure to respond to these requests demonstrates hostility toward Christians and conveys a message of disapproval of their faith, and that it has deprived the plaintiffs of their constitutional rights to free speech and equal protection of the law.

Federal Judge Daniel Hurley issued an order on Tuesday asking the city to explain why he should not force them to act upon the residents' requests. Citing a precedent from another federal case, the judge suggested that inaction can be a violation of free-speech rights, and the refusal of Palm Beach officials to respond to the residents posed constitutional questions in need of resolution. He gave the city until 5:00 p.m. Thursday to submit a response.

Richard Thompson of the Thomas More Law Center says the Town of Palm Beach has demonstrated hostility toward Christians, largely by ignoring them. In September 2003, the attorney says, residents hand-delivered a letter asking the town to allow a Christian Nativity scene, privately financed, to be displayed in public, just as the menorahs are.

"The response was that the letter would be given to the elected officials, and they would decide whether such a display would be permitted. Nothing happened," Thompson says.

Thompson feels the attitude of the Palm Beach officials represents a double standard that is being used in many places throughout America. He says there is one set of rules for Christians, by which many public officials "try to eliminate everything that deals with the Christian religion in the public square," while another set of rules allows "everything else for these other religions under the concept of diversity."

Thompson believes it is essential that public officials be reminded of the Constitution and stopped from trampling on the freedoms of American believers. "It's time for Christians to stand up and fight for their rights -- or they're going to find out they've lost them," he says.

Attorneys for the plaintiffs have sought an immediate temporary restraining order that would allow a Nativity scene to be erected on Palm Beach public property in the same manner as the menorahs have been displayed. They are hopeful that the court will issue the injunction before Christmas.

Last year the Thomas More Law Center filed a similar lawsuit against New York City Public Schools over a policy that allows students to display the menorah and the Islamic star and crescent, but prohibits the display of Christmas nativity scenes. A ruling on that case is expected soon.

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