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An ILLINOIS fourth grader enjoyed hearing her public school teacher read a book to her class about the origins of the Jewish holiday of Hanukah. But when the little girl brought in a book about the origins of Christmas, her teacher refused to read that story to the class. A mayor in RHODE ISLAND was threatened with a lawsuit because he permitted a Nativity scene to be included in the city’s official Christmas decorations. A principal told a public high school teacher in PENNSYLVANIA that he could not include religious music in the school’s annual Christmas concert. When the teacher protested, he nearly lost his job. An employee in FLORIDA was fired from her job after she sang a religious song during karaoke entertainment presentations at an office Christmas party. A teacher in TEXAS discontinued all Christmas celebrations in her classroom and substituted the celebration of Kwanzaa instead, during which her first graders were taught to worship their ancestors. A principal in INDIANA banned any mention of the word Christmas at his school. A FLORIDA citizen threatened to sue his community, claiming to be offended because a crèche was included in the town’s Christmas decorations. A public school in OKLAHOMA banned all religious music and displays during the Christmas season. Students in SOUTH CAROLINA were told to write an essay on a topic of their choice during the month of December. When one student decided to write about Christmas, the teacher refused to grade his essay. Bible Club students in PENNSYLVANIA and NEW JERSEY were told they could not distribute candy canes to their classmates during the Christmas season because the candy package included an explanation of the religious origins of the candy cane. Police officers in FLORIDA were told they could not include religious symbols in their police station decorations during the Christmas holidays. In another FLORIDA city, a citizen complained to the city council because stars and angels were included as part of lamppost decorations in the downtown area. A church in NEW MEXICO wanted to enter a float in their city’s Christmas parade, but church members were told the float could not include religious symbols and they could not distribute holiday tracts on the sidewalk during the parade. Kindergarteners in MISSOURI were told they could not sing Christmas carols in school during the holidays. A few high schools in ILLINOIS and WISCONSIN prohibited any mention of Christmas or religion during the school’s “holiday” concert. Musicians hired to entertain at an office Christmas party in SOUTH CAROLINA were instructed not to perform any religious music. A student “D.J.” in FLORIDA was told it would be unconstitutional to play religious music, including instrumental versions of carols, over the school’s loudspeaker during the holiday season. A first grader in TEXAS was told he could not mention Jesus during a class discussion about the origins of Christmas. City officials in GEORGIA told the private owners of an amusement park they could not present holiday entertainment shows that mentioned the religious meaning of Christmas. Children in a SOUTH CAROLINA elementary school were told to draw a picture depicting the holidays, but were also told they could not choose to draw a religious theme. Teachers in TENNESSEE public schools were told they could not include any religious material in a general holiday decorating theme in their classroom. Private citizens in OHIO were banned from setting up religious displays in a public park area that head been set aside for private expressions of holiday spirit. A drug store in NORTH CAROLINA removed a manger scene from an advertising display when a customer complained that viewing this religious item offended her. A government agency in FLORIDA issued a directive to all employees to avoid displaying religious material during the holiday season. Some citizens in TENNESSEE complained about the “insensitivity” of school board members when they refused to discontinue calling the school’s winter break a “Christmas vacation.” When a local school multicultural committee in PENNSYLVANIA set up a holiday display that included a crèche, a menorah, and a Kwanzaa scene, the principal demanded that the crèche be removed, although the other items could stay. In another PENNSYLVANIA community, police ordered the local firehouse to take down its Christmas tree after neighbors called law enforcement claiming to be offended by the display. All of these vignettes are true stories that represent the types of calls we receive in our Christian Law Association offices throughout every Christmas season. Fortunately, none of the censorship of Christmas represented in these stories is actually required by the Constitution or even by our modern courts’ interpretation of the First Amendment Establishment Clause “separation of church and state.” Why Do Some People Want to Make Christmas Illegal in America? Americans have publicly recognized national religious holidays like Thanksgiving and Christmas for centuries. These observances are part of America’s cultural as well as religious heritage. President Franklin D. Roosevelt said on December 24, 1944, during a national wartime address: Here at home, we will celebrate this Christmas Day in our traditional American way—because of its deep spiritual meaning to us; because the teachings of Christ are fundamental in our lives; and because we want our youngest generation to grow up knowing the significance of this tradition and the story of the coming of the immortal Prince of Peace and Good Will. The Congress in Washington D.C. continues to recognize Christmas as a legal public holiday in America. (see, e.g., 5 U.S.C.A. §6103(a)(2003)) The United States Supreme Court has also acknowledged with approval our nation’s longstanding recognition of religiously significant holidays such as Christmas. It is not illegal for either school or government officials to continue referring to December 25 as Christmas or to refer to the vacation days that surround that date as “Christmas Vacation.” Clearly, neither private businesses nor governments are constitutionally required to eliminate Christmas because a few outspoken citizens claim to be offended by religious references that are an integral part of this traditional American holiday. What Do Americans Who Are Hostile to Christmas Really Want? Although they may or may not consciously realize it, those Americans who want to take Christ out of Christmas really want to return to the days before Christmas was celebrated as a traditional cultural and religious holiday in America. Many want to return to a time when pagans celebrated a winter solstice holiday instead of Christmas. In the early centuries of Christianity, Easter with its celebration of Jesus’ death and resurrection was the most important Christian holiday of the year. Many first century Christians also celebrated the deaths of important heroes of the faith such as Stephen’s martyrdom reported in the Book of Acts. The birth of Jesus was not widely celebrated by Christians until the 4th century A.D. Even at that time, the precise date of Jesus’ birth was unknown. By the 5th century A.D., the church officially declared a feast celebrating the birth of the Savior on December 25th, the shortest day of the year. The date was chosen at least partially to compete with pagan Saturnalia celebrations of the birth of the sun, sometimes also called the winter solstice. Among European Germanic and Celtic tribes who were converting to Christianity, the winter solstice, celebrated as an entirely secular, profane, and vulgar event, was the most important commemoration of the year. As these tribes turned to faith in Christ, they incorporated many of their favorite winter rituals into their newly developing Christmas traditions. These traditions included the burning of the yule log, gift giving, and the burning of candles. Lights were an important part of winter solstice festivals. Their religious significance was recognized and adapted into Christmas celebrations of the birth of Jesus, the Light of the World. The tradition of a Christmas Nativity presentation and the singing of Christmas carols began about the 13th century as a way of keeping the Gospel story of the birth of Jesus alive among populations that could not read the Bible for themselves. The Christmas tree, featuring holly and evergreens, had also been part of European winter solstice festivals. It became an important and popular Christmas symbol in America during the 18th century, representing life eternal in Christ. The tradition of sending Christmas cards began in the 19th century and was encouraged as a cultural economic boost. Many religious expressions from other cultures have also gradually become part of the traditional American Christmas, including Santa Claus, originally a Netherlands tradition popularized in America during the 19th century with the poem “The Night Before Christmas.” The beautiful red poinsettia plants that now adorn many displays originated with a traditional Mexican Christmas story. What modern “separationists” who are hostile to Christianity seem to want to do is to unwind this clock and return to the bygone days of a totally pagan winter solstice festival that would be more profane than holy. But history will not let us forget that Christmas in America was a government-recognized religious holiday for centuries before anyone suggested that such a celebration might violate the First Amendment Establishment Clause “separation of church and state.” It is important to understand that the United States Supreme Court has never ordered governments, schools, or private businesses to eliminate the religious aspects of a cultural American holiday like Christmas. Instead, the Court has merely said recently that the Constitution requires the state to be neutral in its relations with both religious and non-religious citizens. Therefore, courts now require an incorporation of both secular and sacred aspects of Christmas in government-sponsored displays. Courts also encourage governments to include symbols from other winter holidays celebrated by other religious groups represented more recently in America. Recent court decisions have merely called for inclusion of others, however, not for the exclusion of Christians. It is equally important to remember that the Constitution has absolutely no applicability to private religious expression, to private businesses, or to private workplaces. Private citizens may continue to focus solely on the religious aspects of Christmas in their private and commercial enterprises. Constitutional neutrality only requires the government to balance religious and non-religious themes during the holiday season. Needless acts of censorship can be avoided if Christians continue to speak out and refuse to be intimidated. Now is not the time to lay down our spiritual arms and surrender to the very small percentage of Americans who are hostile toward Christianity and who want to eliminate Christmas and all things religious from our national life. How May Christians Continue to Constitutionally Honor the Birth of Jesus at Christmastime? 1) It continues to be constitutional to keep Christ in Christmas in government schools, government buildings, and in the public square. All modern courts require is that government holiday displays and celebrations include secular as well as religious aspects of Christmas. 2) It is still legal to celebrate December 25 as a religious as well as a secular and cultural holiday—even in the public square. Schools may study the religious origins of Christmas, just as they may study the religious origins of other holidays in their academic curriculum. Christmas is still an official cultural and traditional holiday in America, one with specific religious origins. 3) Often Christians are concerned about the government removing Christ from Christmas, but their own holiday decorations are devoid of religious symbols. Don’t follow modern trends that secularize Christmas. Keep Christ in your own outdoor and indoor displays for others to see while passing by. 4) Vocally support elected officials and school personnel, including principals and school board members, by letting these public servants know that you appreciate when they keep the religious aspects of Christmas in seasonal programs and displays. 5) Organize groups to complain if your local government or school district officials attempt to censor the religious aspect of Christmas in displays or concerts. And remember to thank these groups when they make decisions that do not discriminate against Christianity. Very often just showing up and politely expressing an opinion or providing encouragement for public officials to do the right thing is all that is required. 6) Commend those private businesses and stores that continue to display religious symbols of Christmas and greet customers with “Merry Christmas.” A few years ago, one of our attorneys was conducting business at a local government building. When she noticed a banner with “Merry Christmas” above the counter, she quickly took a comment card and complimented that government agency on continuing to recognize that Christmas is a national state and federal holiday. When such positive comments greatly outnumber negative complaints, both government and private businesses will be more encouraged to continue to positively recognize Christmas. 7) If your elected officials, including your town council or local school boards, refuse to keep Christ as part of the holiday season, you should consider supporting someone else in the next election for these posts, or else consider how you might become a candidate yourself. If Christians abandon the political realm to others, they cannot expect that their own concerns will be addressed. Please remember that Christmas is still legal in America.
And be sure to have a very merry and blessed one, remembering
in all you do that Jesus is still the reason for this season. |