Imagine attending a party to celebrate someone, only to find the room filled with decorations and pictures of everyone but the honoree. Strange, right? That’s how I feel when I see Christmas events or displays with no mention of Jesus or a Nativity. The birth of Jesus is the very reason for Christmas, so excluding him from public celebrations feels both illogical and misleading.
That’s why I was so excited to see that, on Dec. 10, a Nativity scene was displayed at the U.S. Capitol, complete with scripture reading, prayer, and the singing of Christmas carols. It was a joyful celebration of faith, tradition, and the enduring significance of Christmas in American culture led by the Rev. Patrick Mahoney of the Christian Defense Coalition. This display marks a milestone that reflects both the rich spiritual heritage of our nation and the continued importance of the return of religious expression to public life.
Sadly, for decades, cities and towns purged their public squares of religious symbols even at Christmas at the behest of the “offended observer,” or anyone holding a grudge against religion. As such, too often, courts ruled indiscriminately that even a Christmas display of Christ on public property somehow conflicted with the First Amendment’s prohibition against the establishment of a religion.
In recent years, however, key legal victories have restored the founders’ intent regarding public expressions of faith. Mahoney’s hard-fought win, allowing the Capitol steps to be used as a public forum, reflects the spirit of the Supreme Court’s Kennedy v. Bremerton School District decision, which upheld public religious practices under the First Amendment.
More importantly, Kennedy put an end to a four-decade precedent, the Lemon test, that gave the government the power to purge the public landscape of symbols that were deemed too religious. As the majority held, “This Court long ago abandoned Lemon and its endorsement test offshoot. … In place of Lemon and the endorsement test, this Court has instructed that the Establishment Clause must be interpreted by ‘reference to historical practices and understandings.’”
Before that, the court, in The American Legion v. American Humanist Association, concluded, “Where monuments, symbols, and practices with a longstanding history follow in the tradition of the First Congress … and recognizing the important role religion plays in the lives of many Americans, they are likewise constitutional.”
Today, thanks to First Liberty’s victories in American Legion and Kennedy, the Lemon test is dead, and courts now must consider the “history and tradition” of symbols, monuments, or displays when reviewing establishment clause claims related to public displays of religious imagery. Such religious displays now enjoy a “presumption of constitutionality for longstanding monuments, symbols, and practices.”
Given that Nativities and the menorah were a staple of the holiday public square for the better part of a century, towns and cities are free to add them back to their holiday displays. And hosting such an event on the steps of the U.S. Capitol falls within the constitutional protections afforded religious exercise.
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The Capitol Nativity event was a testament to the freedoms enshrined in the Constitution, particularly the right to express faith in public settings, and should encourage and inspire all people of faith. Displays such as this are more than a decoration — they are reminders of the deeper meaning of the holiday season. The crèche captures the essence of the Christmas story, inviting those who view it to reflect on themes of peace, goodwill, and hope.
The Capitol Nativity scene and celebration were a beautiful affirmation of America’s commitment to religious freedom and a call to embrace the spirit of love and unity that Christ and Christmas embody. I pray we see more and more of these events and displays across the country and at our Capitol this year and in years to come.
Andrea Justus is the community coordinator for Restoring Faith in America, a project of First Liberty Institute. FLI is a nonprofit law firm dedicated to defending religious freedom for all.