page_title: Nativity scene
section_title: United States of America
hierarchical_section_title: Nativity scene / Controversies / United States of America
caption_attribution_description: Christmas tree of the United States Capitol shortly after lighting ceremony.
context_page_description: In the Christian tradition, a nativity scene is the special exhibition, particularly during the Christmas season, of art objects representing the birth of Jesus. While the term "nativity scene" may be used of any representation of the very common subject of the Nativity of Jesus in art, it has a more specialized sense referring to seasonal displays, either using model figures in a setting or reenactments called "living nativity scenes" in which real humans and animals participate. Nativity scenes exhibit figures representing the infant Jesus, his mother, Mary, and her husband, Joseph.
  Other characters from the nativity story, such as shepherds, sheep, and angels may be displayed near the manger in a barn intended to accommodate farm animals, as described in the Gospel of Luke. A donkey and an ox are typically depicted in the scene, and the Magi and their camels, described in the Gospel of Matthew, are also included. Several cultures add other characters and objects that may or may not be Biblical.
  Saint Francis of Assisi
  is credited with creating the first live nativity scene in 1223 in order to cultivate the worship of Christ.
context_section_description: Nativity scenes have been involved in controversies and lawsuits.
  In 1969, the American Civil Liberties Union (representing three clergymen, an atheist, and a leader of the American Ethical Society), tried to block the construction of a nativity scene on The Ellipse in Washington, D.C. When the ACLU claimed the government sponsorship of a distinctly Christian symbol violated separation of church and state, the sponsors of the fifty-year-old Christmas celebration, Pageant of Peace, who had an exclusive permit from the Interior Department for all events on the Ellipse, responded that the nativity scene was a reminder of America's spiritual heritage. The United States Court of Appeals ruled on December 12, 1969, that the crèche be allowed that year. The case continued until September 26, 1973, when the court ruled in favor of the plaintiffs and found the involvement of the Interior Department and the National Park Service in the Pageant of Peace amounted to government support for religion. The court opined that the nativity scene should be dropped from the pageant or the government end its participation in the event in order to avoid "excessive entanglements" between government and religion. In 1973, the nativity scene vanished.
  In 1985, the United States Supreme Court ruled in ACLU v. Scarsdale, New York that nativity scenes on public lands violate separation of church and state statutes unless they comply with "The Reindeer Rule"—a regulation calling for equal opportunity for non-religious symbols, such as reindeer. This principle was further clarified in 1989, when the Supreme Court in County of Allegheny v. ACLU ruled that a crèche placed on the grand staircase of the Allegheny County Courthouse in Pittsburgh, PA violated the Establishment Clause, because the "principal or primary effect" of the display was to advance religion.
  In 1994, at Christmas, the Park Board of San Jose, California, removed a statue of the infant Jesus from Plaza de Cesar Chavez Park and replaced it with a statue of the plumed Aztec god, Quetzalcoatl, commissioned with US$500,000 of public funds. In response, protestors staged a living nativity scene in the park.
  In 2006, a lawsuit by the Alliance Defense Fund, a conservative Christian group in the United States, was brought against the state of Washington when it permitted a public display of a holiday tree and a menorah but not a nativity scene. Because of the lawsuit, the decision was made to permit a nativity scene to be displayed in the rotunda of the state Capitol, in Olympia, as long as other symbols of the season were included.
  In 2013, Gov. Rick Perry signed into Texas law the Merry Christmas bill which would allow school districts in Texas to display nativity scenes.
caption: Nativity scenes are permitted on public lands in the United States as long as equal time is given to non-religious symbols.
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