Federal Judges Uphold NYC Schools' Discriminatory Nativity Scene Ban
by Allie Martin
February 6, 2006
(AgapePress) - - A federal appeals court has ruled that it is constitutionally permissible for New York City's public schools to ban the display of a Christian Nativity scene while allowing the display of the Jewish Menorah and the Islamic star and crescent. Several years ago the parents of two students in New York City public schools sued the school district over its policy that the display of secular holiday symbol decorations is permissible during the Christmas holiday season while display of Nativity scenes is not. Late last week, a panel of the U.S. Court of Appeals for the 2nd Circuit ruled 2-1 in favor of the district's policy.
In his 46-page dissent, 2nd Circuit Judge Chester Straub criticized the ruling, saying the schools' current policy "fails under the [Constitution], both on its face and as applied."
The dissenting judge went on to state that the current district policy and practice clearly violate the Establishment Clause, insofar as "a reasonable student observer would perceive a message of endorsement of Judaism and Islam and a reasonable parent observer would perceive a message that Judaism and Islam are favored and that Christianity is disfavored."
Robert Muise is an attorney with the Thomas More Law Center, the legal organization that sued the New York City schools on the parents' behalf. He feels the appellate court judges' decision is another example of U.S. federal courts discriminating against Christians.
The 2nd Circuit panel's decision to uphold the New York City schools' ban on Nativity scenes was based on "the same law where you can't put up the Ten Commandments," Muise says. "Here you have a policy that is facially discriminatory, that makes denominational preferences," he asserts, "which is the worst sort of evil that the Establishment Clause seeks to protect against. Yet you have two judges in a federal court saying that it's permissible."
The Thomas More Law Center attorney calls the 2nd Circuit panel's decision a "a bizarre ruling" and a horrible one, over which Christians should be outraged. "We strongly believe that the majority decision is fundamentally flawed, as pointed out by the dissent," he says, "and we intend to take this fight to the next level."
The school district's discriminatory ban is "really a crazy policy," Muise adds, "and these sorts of things are going on in the public schools in the largest public school system in this country, and you have federal courts that are affirming that and permitting it to happen." Nevertheless, he insists, "This battle is far from over."
Muise says the case will be taken to the entire 2nd Circuit Court of Appeals next. However, he says he expects the matter will eventually come up on appeal before the United States Supreme Court.
Allie Martin, a regular contributor to AgapePress, is a reporter for American Family Radio News, which can be heard online.
