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Thomas More Law Center Confronts ACLU Over Berkley, Michigan Nativity Display


Thomas More Press Release:

    The Thomas More Law Center, a national public interest law firm based in Ann Arbor, Michigan, yesterday sent a letter to city officials in Berkley, Michigan, offering to defend the City at no charge should the American Civil Liberties Union (ACLU) sue the City over the nativity scene the City has included in its holiday display each December for the past sixty-five years. The Thomas More Law Center encouraged the City to keep the nativity scene as part of its annual holiday display.
    According to Richard Thompson, President and Chief Counsel of the Law Center, “As Christmas approaches, we will see more and more ACLU challenges to Nativity displays and other Christmas celebrations. The ACLU’s agenda is to cleanse the public square of all Christian symbols through intimidation and threats of lawsuits which many local governments cannot financially afford. That’s why we offered our legal services without charge in hopes Berkley will not cave in to ACLU threats of a lawsuit.”

    Over the past years, the City has included the nativity scene as part of a broad display outside City Hall. The display also includes a Star of David, Christmas trees, a Santa Claus figure, a Santa’s Mailbox, and a “Seasons Greetings” sign.

    According to published reports, on Monday, October 16, 2006, the Berkley City Council will consider three options regarding the nativity scene: (1) move the nativity scene to private property, (2) establish a free-speech zone on City Hall property where private parties may erect displays, or (3) give the nativity scene to the Berkley Clergy Association.

    In its letter to the City, the Thomas More Law Center stated that what is missing for the City’s list is the most obvious option: keeping the nativity scene as part of the City’s annual display. The Law Center stressed that the City Council should not decide this matter without considering this option and without addressing this option at the upcoming City Council meeting.

    The Law Center pointed out to city officials that the Supreme Court of the United States and the Sixth Circuit Court of Appeals, which governs Michigan, have upheld holiday displays that include the nativity scene. Moreover, other federal courts across the country have also determined that it is constitutional for a city to display a nativity scene.

    According to Edward L. White III, trial counsel with the Thomas More Law Center, who sent the letter to the City, “Christmas is a National Holiday. The City of Berkley may legally display the nativity scene in the context of celebrating this holiday. There is no legal prohibition against the display of the nativity scene. The absence of the nativity scene would only demonstrate Berkley’s hostility toward religion and toward Christians.”

Americans see the attacks on Christmas every year from the secular lefts leading light, the ACLU. Last year the ACLU layed low and tried to play the “what war on Christmas?” Looks like they are getting started early this year to make up for lost time last year.