Saturday, October 31, 2009



MI: Man sues to restore family’s Nativity scene

We read:
" A Michigan man has filed a federal lawsuit claiming his constitutional rights were violated when he was ordered to remove a Nativity scene from the median of a public road — a creche that his family has displayed at the location for 63 years.

John Satawa, of Warren, Mich., filed the lawsuit in U.S. District Court on Friday in an attempt to be allowed to put back the 8- by 8-foot Nativity scene his late father built in 1945.

After receiving a complaint by the Wisconsin-based Freedom From Religion Foundation last December, the Road Commission of Macomb County told Satawa to remove the holiday display, citing incomplete permits. Satawa's permit application was later denied because it "clearly displays a religious message" and violated "separation of church and state," Macomb County Highway Engineer Robert Hoepfner wrote....

The Thomas More Law Center filed the lawsuit on Satawa's behalf, alleging the Road Commission's restriction violates his First Amendment rights and equal protection guarantee under the Fourteenth Amendment. "We're very confident," Rooney said. "We believe the law of the Constitution is on our side."

Source

21 comments:

Anonymous said...

I am Jewish and the Nativity scene never bothered me one bit, some of they are very beautiful and well crafted

Wes said...

When the state says what kind of display is appropriate it is encroaching on the freedom of religion, and in fact promoting either atheism or humanism, both of which are religions despite the protest of their adherents.

Stan B said...

This is a private individual asking for a permit to use public land - it is NOT the county "establishing" a religion. This is such a perversion of the "separation" argument.

However, if they just add a "Santa Clause" off to the side, it would pass Constitutional muster even if the county were putting up the display!

Anonymous said...

Well said Wes, and right on target.

Anonymous said...

Wes has the gist of it.

When the Atheists can prevent the use of public land for religious displays then they are encroaching on the freedom of religion which is in essence then using the state to establish their own religion.

Anonymous said...

Re-defining "religion" now are we? So just accuse your accusers of being the same as yourself - isn't that called "projection"?
Atheism is non-belief in a god or gods. Is bald a hairstyle? Is health a disease?
Well, on Sunday you will see me in my local Church of the Holy non-Trinity, praying to my non-Lord the King of Nowhere to bless all believers in another religion as I don't want them to go to the Hell they wish me to go to!

Joey said...

All men are religious by nature. If man does have a god he will create one.
An atheist believes that he is his own god and when he denies the Christian the right to display symbols of Christianity he is showing his opposition to a specific religion. Even atheist have their own holiday. It is April 1st.

Bobby said...

Some atheists are missionaries for their lack of faith. There's a website where you can post videos of yourself denying God, there's Richard Dawkins trying to get as many people as possible to stop believing in god (read "The God Delusion"), there's "Americans United for the Separation of Church and State" which seeks to remove any religious mention from the public square.

The Nativity Scene should we allow, not doing so is like banning public displays of the US flag because it offends Mexicans.

Anonymous said...

Even atheist have their own holiday. It is April 1st.

What a jerk.

Anonymous said...

Even atheist have their own holiday. It is April 1st.

What a jerk.

Use the Name, Luke said...

"By its nature, religion — in the comprehensive sense in which the Constitution uses that word — is an aspect of human thought and action which profoundly relates the life of man to the world in which he lives. Religious beliefs pervade, … virtually all human activity."
— McGowen V. Maryland, 366 U.S. 420 (1961)

Note that some religions — such as Buddhism — don't even have a "god" in their religion.

Generally, I prefer to use the word "worldview" when referring a set of beliefs and assumptions about the universe and the supernatural. Every religious belief is a worldview, as is every atheistic belief.

Atheists do hold a very particular belief about God; that He doesn't exist. But beyond that contradiction with those who do believe in a God, I frequently see very few differences. For example, atheists proselytize at least as aggressively as theistic religions. Most simply through assuming that their worldview is true and expecting those around them to hold the same worldview. (Most Christians are also like this.) Meanwhile, there is a significant minority who actively work to win converts.

Malcolm said...

The First Amendment says: "Congress shall make no law respecting an establishment of religion." I would be interested to know how a local council can be morphed into "Congress", and a permit for a citizen to erect something on public land be regarded as a "law".

Anonymous said...

Anon 5:12 AM - Joey's statement must have struck a nerve - it caused you to stutter.
The Psalmist seems to agree: Ps. 14:1 The fool hath said in his heart, There is no God.

Anonymous said...

Try again, asswipe.

Anonymous said...

So we must believe what the Psalmist said? The complete reverse could also be said as easily.

Anonymous said...

I am not sure why the town did this. In 1985 the town of Scarsdale NY was sued after it banned a similar nativity scene on public property.

A federal judge upheld the ban but the Second District Court overturned it saying the "nativity scene neither advanced religion in general or Christianity in particular."

The Supreme Court reviewed the case and re-affirmed the ruling of the Second District.

Anonymous said...

One unhappy, angry sad sack of a human being spoiling the fun for everyone else. Why don't these people just go live in a cave, away from other human beings, and die?

Mongo said...

Why don't you?

Anonymous said...

There's no such thing as an atheist. They have to acknowledge the presence of God in order to deny him.

David W. Hunter said...

I noticed no one asked why Mr. Satawa doesn't put the Nativity scene on his own property, or on the property of another who grants permission.

That being said, I wonder if it says anywhere in Warren, Michigan's charter that permits for public displays will be denied if the display has a religious message. I doubt it. I think this is another instance where people are trying to bring federal law and the Constitution into what should be a local matter.

On a side note, anywho who is offended by a Nativity scene needs to relax. They'd be offended by Big Bird.

Anonymous said...

2:59PM Your logic is screwed!