ACLU

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End of the 'reindeer rules'? Recent Indiana case may be a 'Christmas wars' turning point

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End of the 'reindeer rules'? Recent Indiana case may be a 'Christmas wars' turning point

Year after year, the Lion's Club sets up wire-frame Christmas decorations on the lawn of the historic Jackson County courthouse, facing Main Street in Brownstown, Ind.

The display, which belongs to the local ministerial alliance, glows from dusk to dawn from Thanksgiving until New Year's Day, with the county providing the electricity.

This led to yet another "Christmas Wars" dispute, with the recent Woodring v. Jackson County court decision offering a precise description of this tableau.

There is a "waving Santa Claus with his sleigh, a reindeer, seven large candy-striped poles, the nativity scene … and four carolers standing in front of a lamp post," noted Seventh Circuit Judge Amy Joan St. Eve. "Santa Claus and the reindeer are on the left. …To their right are three gift-bearing kings (Magi) and a camel, who look upon the nativity. On the right side of the sidewalk, Mary, Joseph, and infant Jesus in the stable are flanked on each side by trumpet-playing angels. To their right are several animals facing the nativity. The carolers stand in front of the animals, closer to Main Street."

Before the 2018 lawsuit, the Freedom From Religion Foundation warned that the nativity scene needed to come down. County officials responded by moving Santa and other secular symbols closer to the telltale manger.

That move was clearly linked to what activists call the "reindeer rules," in which secular and sacred symbols are mixed to honor guidelines from the Supreme Court's Lemon v. Kurtzman in 1971. The "Lemon test" asks if a government action's primary effect advanced religion, as opposed to a secular purpose, thus entangling church and state.

But the majority in the new 2-1 decision in Indiana argued that the "nativity scene is constitutional because it fits within a long national tradition of using the nativity scene in broader holiday displays to celebrate the origins of Christmas."

This post-Christmas decision in the heartland may have been a turning point.

"To the degree that the reindeer rules were based on Lemon, this decision said that we now have a new Supreme Court precedent. The reindeer rules appear to be gone," said Diana Verm, senior counsel for the Becket Fund for Religious Liberty, which filed a brief in the case.

Verm bluntly told the press afterwards: "It turns out the ACLU can't cancel Baby Jesus."

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Justice Alito: If you're worried about religious liberty, follow news in higher education

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Justice Alito: If you're worried about religious liberty, follow news in higher education

Almost a half century ago, comedian George Carlin recorded his controversial "Seven Words You Can Never Say on Television" monologue.

That was then.

"Today, it would be easy to create a new list entitled, 'Things you can't say if you are a student or a professor at a college of university or an employee of many big corporations.' And there wouldn't be just seven items on that list -- 70 times seven would be closer to the mark," said U.S. Supreme Court Justice Samuel Alito, via Zoom, addressing the recent Federalist Society National Lawyers Convention.

Discussing religious beliefs, he argued, has become especially dangerous.

"You can't say that marriage is the union between one man and one woman," he noted. "Until very recently, that's what the vast majority of Americans thought. Now it's considered bigotry."

Consider, for example, the case of Jack Denton, a Florida State University political science major whose long-range plans include law school.

In June, he participated in a Catholic Student Union online chat in which, after the death of George Floyd, someone promoted a fundraising project supporting BlackLivesMatter.com, the American Civil Liberties Union and similar groups. Denton criticized ACLU support for wider access to abortion and the BLM group's "What We Believe" website page that, at that time, pledged support for LGBTQ rights and efforts to disrupt "nuclear family" traditions.

"As a Catholic speaking to other Catholics," he said, "I felt compelled to point out the discrepancy between what these groups stand for and what the Catholic Church teaches. So, I did."

Denton didn't expect this private discussion to affect his work as president of the FSU Student Senate. However, an outraged student took screenshots of his texts and sent them to the Student Senate. That led to petitions claiming that he was unfit to serve, a painful six-hour special meeting and his forced exit.

Backed by the Alliance Defending Freedom, Denton sued the university for violating his First Amendment rights, as well as campus policies against discrimination against religious believers. A student court returned him, briefly, to office in late October, after a federal judge ruled that FSU should pay him lost wages. Denton graduates in December.

"This whole experience has certainly perked my interest in studying constitutional law and First Amendment rights, in particular," said Denton, reached by telephone.

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Fightin' words and confusion surrounding Trump's shot at the Johnson Amendment

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Fightin' words and confusion surrounding Trump's shot at the Johnson Amendment

There was nothing new about the Rev. Jerry Johnson talking about abortion, gay rights and other hot-button moral issues during sermons at the Central Baptist Church of Aurora, outside Denver.

But on this particular Sunday in the mid-1990s, Johnson mentioned President Bill Clinton, noting his liberal take on several issues. Later, several laypeople told him he had risked the church's tax-exempt status -- by mentioning the president's name in the pulpit. Americans United for Separation of Church and State had just begun circulating letters warning religious leaders against endorsing or opposing candidates.

Two decades later, Johnson leads the National Religious Broadcasters and he still thinks preachers should have the right to say whatever they want about faith and politics, even if that includes letting believers know what they think of candidates. Whether pulpit endorsements are wise or necessary is another matter, he said.

"Speech is speech and free speech is free speech," said Johnson. "The question isn't whether it's wise or not for church leaders to endorse candidates, the question is who gets to make that decision. If the answer is the government, then that's the old Soviet answer, that's the answer you get in China. If the church gets to make that decision, then there's your First Amendment answer, right there."

Thus, Johnson was among those celebrating President Donald Trump's executive order telling Internal Revenue Service officials not to "take any adverse action against any individual, house of worship, or other religious organization" that endorses candidates. Those actions were banned in the mid-1950s by the rarely enforced Johnson Amendment, engineered by Senate Majority Leader Lyndon B. Johnson, who wanted to corral his opponents in secular and religious nonprofit groups.

Yes, an executive order is not the same thing as Congress overturning the Johnson Amendment, said Johnson. The NRB leader also knows that Trump didn't really address the rising tide of First Amendment clashes between religious believers -- such as wedding photographers, cake bakers and florists -- and discrimination claims by LGBTQ activists.