Creche erected in state Capitol is legal as long as state opens venues to other – Claremore Daily Progress

OKLAHOMA CITY As Christian supporters Monday erected what is believed to be the states first nativity scene in recent years inside the state Capitol, one watchdog group warned that the state must also now allow other displays on the same topic in the future.

Alex Hilton, the Oklahoma resident who set up the crche, said its important to have one on state Capitol grounds because Jesus Christ is the reason of Christmas, and that its a good way to bolster public support for Christianity, which is increasingly under assault by an array of different forces. He also said the display counteracts the false and historical narrative about the separation of church and state.

Weve grown accustomed to this false idea that the Establishment Clause means that there can be no prayer in public schools, there can be no nativity scenes or Ten Commandment monuments at state Capitol buildings, and thats just totally ahistorical, Hilton said.

The display is part of a partnership by the Thomas More Society, which is a not-for-profit law firm based in Chicago, and the American Nativity Scene campaign to help private groups display scenes from the night of Christs birth on government property across the country.

The partnership said Oklahoma is among seven states in 2021 that are expected to feature nativity displays for the first time. Other states include Kentucky, Pennsylvania, Louisiana, and West Virginia.

Oklahomas display, which is located in the second floor Rotunda, is about 4 feet high and about 3.5 feet deep. It features figurines of Mary, Joseph, baby Jesus and an angel pinned up on the top of the manger.

Its really great, Hilton said, adding that it will be displayed through Dec. 23.

Bonnie Campo, a spokeswoman for the Office of Management and Enterprise Services, said there are several spaces within the Capitol complex that have been established as public spaces, meaning they are available for reservation by anyone.

OMES manages these spaces and is careful to comply with the First Amendment, which prohibits OMES from discriminating on the basis of viewpoint in reserving the space, she said.

Campo said the group requested the space in writing and agreed to comply with OMES rules and because the event did not conflict with any other Capitol event, their application was approved.

Chris Line, a staff attorney at the Freedom from Religion Foundation, said nativity scenes are pretty common at state Capitols across the country. The state Capitol in Madison, Wisconsin, where his group is based, has a nativity scene. But Lines organization has also put up two of its own displays, including a Founding Fathers nativity scene display, which shows the Founding Fathers around The Bill of Rights, as well as a winter solstice display.

Line said that while his organization doesnt agree that such displays are the best use of space, as long as Oklahoma chooses to allow other religions the same opportunity to set up displays, its OK.

As long as they allow other messages, similar messages, countervailing messages, on the same topic, then thats permissible, Line said.

He said by allowing the nativity scene, the state has opened itself up to having to permit other displays.

We still think that what will be better off is for them not to do that, and instead to just put up some secular things that can represent the holiday season for everyone and we all can sort of share in this time, Line said. We do of course encourage other groups to put up similar messages to try to explain this.

Line said hes an atheist who celebrates Christmastime though he doesnt believe in Jesus.

But I do love the holiday Christmas season, and it sucks that they have to try to turn (it) into this religious things and take it over when in reality they could easily just share with everyone, Line said.

The state has previously had a controversial history with erecting religious symbols on state grounds.

In 2015, the ACLU won a legal victory that forced the state to remove its large, granite Ten Commandments monument that had been installed on Capitol grounds. The states Supreme Court ruled that it violated the state Constitution, which prohibits using public funds and grounds to promote a particular faith. The monument was ultimately relocated to a private, conservative think tank.

Stinging from the courts decision, lawmakers then tried to throw out that section of the state Constitution cited by the court as requiring the monuments removal. Voters resoundingly defeated that plan.

Line said that with the Ten Commandments case, Oklahoma lawmakers ran afoul of the Constitution because they didnt allow other religions to set up their own similar statues on Capitol grounds.

Janelle Stecklein covers the Oklahoma Statehouse for CNHI's newspapers and websites. Reach her at jstecklein@cnhinews.com.

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Creche erected in state Capitol is legal as long as state opens venues to other - Claremore Daily Progress