Christmas is coming and so is the parade of horribles – the ACLU, Freedom From Religion, and Americans United For Separation of Church and State. If these organizations had their way, nativity scenes, Christian Christmas carols, and religious symbols would be swept from the public square.

Proverbs 18:17 says that he who presents his case first seems right until another steps forth to challenge him. The ACLU has all too often stated its case to the media by mailing a demand letter or by placing a threatening phone call to government officials. This intimidation tactic has been successful. Striking fear into the hearts of government officials has proven an effective weapon to remove nativity scenes and to silence Christmas pageants. The fact of the matter remains that the ACLU is wrong, and it is time we let our elected officials know the truth.

The truth is simple. A publicly sponsored nativity scene or Christmas pageant is constitutional so long as within the context there are both secular and sacred symbols or messages. For example, a nativity scene sponsored by city hall on city hall property is constitutional so long as within the context of the nativity scene there is some secular symbol of the holiday such as Santa Claus, reindeer, or a Christmas tree. The Supreme Court considers a publicly sponsored nativity scene standing alone unconstitutional, but constitutional if a secular symbol is also displayed.

In contrast to a publicly sponsored nativity scene on public property, a privately sponsored nativity scene on public property does not need a secular symbol to be constitutional. For example, some towns allow private citizens to put up signs or displays on public property. In that case, if a church sponsors a nativity scene on public property, there is no requirement that a secular symbol be placed within the context. The requirement of the secular symbol only arises when a nativity scene is sponsored by the government. To avoid any confusion, the privately sponsored nativity scene should probably have a sign acknowledging the private sponsorship.

The same rule which applies to publicly sponsored nativity scenes holds true for publicly sponsored Christian songs, whether at Christmas or any other time. The high school chorus can sing “Silent Night, Holy Night” so long as the chorus also sings a secular song such as “Rudolph, the Red-Nosed Reindeer.” Within a Christmas pageant, you don’t need to worry about having an equal amount of secular or sacred songs. In a Salt Lake City case, the majority of the songs sung by students during a public high school-sponsored event were Christian or religious, and yet the court stated the Christmas pageant was constitutional because it contained some secular holiday songs. Thus, a pageant containing Christmas songs with religious content presented as part of a publicly sponsored event is constitutional so long as the pageant also includes some secular holiday songs. Similarly, if the public school is hosting a talent show or some event where students are permitted to select their own songs, an individual student may sing a religious song.

In summary, a publicly sponsored nativity scene on public property is constitutional so long as there is a secular symbol of the holiday as part of the display. The same holds true for publicly sponsored Christmas pageants with religious music. Privately sponsored nativity scenes on public property are constitutional, even in the absence of a secular symbol. To avoid any confusion, it is probably best to have a sign nearby acknowledging the private sponsorship. Finally, if the school hosts an event where students are permitted to select the content of their songs, an individual student may sing a religious song.

But, you may ask, why all the fuss regarding the religious symbols or music? Isn't it sufficient that we can sing religious songs in our churches and display nativity scenes on our front lawns? After reviewing our early history, the United States Supreme Court stated that our institutions and practices presuppose the existence of a Supreme Being.

In his inaugural speech to Congress on April 30, 1789, George Washington stated, “No people can be bound to acknowledge and adore the Invisible Hand which conducts the affairs of men more than the people of the United States.”

A house judiciary report of March 27, 1854, concluded the following: “If the people, during the Revolution, had a suspicion of any attempt to war against Christianity, that Revolution would have been strangled in its cradle.” Religious symbols and songs remind us that while we are diverse, we remain one nation under God. Sure it is important to acknowledge God in our private life, but it is critical that we also acknowledge him in our public life.

Our country was founded on Judeo-Christian principles. If we separate these fundamental principles from our civic life, we destroy our government in the process. Our Founding Fathers believed that religion and morality were necessary to our success as a nation. President Washington once said that anyone who would attempt to remove religion and morality from our country cannot be considered a true patriot. He also predicted a rising national immorality if we exclude religious principles.

The battle over religious symbols and religious songs is a physical manifestation of a deeper spiritual warfare. Religious symbols and music are intricate to our freedoms. They remind us that we are not alone in the universe. There is a God who governs in human affairs, who sets up kings and who can take them down.

Take this information about the constitutionality of nativity scenes and Christmas carols to your public schools and local and state governmental leaders. Educate them before the ACLU tries to intimidate them. If some governmental official is threatened by the ACLU, then let this person know that Liberty Counsel will provide free legal information and that Liberty Counsel will not charge to defend the case. Liberty Counsel has gone on the offensive to combat threats by groups against the celebration of Christmas. As the Proverb says, if we don’t speak up when someone erroneously states his case, then the public will be left believing a lie. It’s time to speak up. This year, don’t let the "Grinch" steal Christmas.

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