Atheists file lawsuit against Texas governor for removal of Bill of Rights 'nativity' scene at State Capitol

The Bill of Rights 'nativity' scene in Austin, Texas that was removed upon the orders of Texas Gov. Greg Abbott.(FFRF)

A group of atheists has filed a lawsuit against Texas Gov. Greg Abbott for removing a Bill of Rights "nativity" display at the State Capitol in Austin, Texas last December, which the governor found offensive.

The lawsuit was filed on Feb. 25 by the Freedom From Religion Foundation (FFRF) before the U.S. District Court in the Western District of Texas.

It alleged that Abbott and the Texas State Preservation Board, which approved the display, violated its free speech, equal protection and due process rights, and Establishment Clause when they removed the display, which featured "Cut-out figures celebrating the December 15 nativity of the Bill of Rights."

It showed "Benjamin Franklin, Thomas Jefferson, George Washington, and the Statue of Liberty gathered around the Bill of Rights, which was placed in a manger."

The display was put on Dec. 18 last year and was removed upon the orders of Abbott three days later.

In a post on Twitter, Abbott wrote, "Mocking the Capitol nativity scene is offensive. I demand [the] removal of [the] satirical 'nativity scene' from Capitol," according to WND.

In a letter to the State Preservation Board, a copy of which was obtained by Breitbart News, Abbott said the "juvenile parody violates the Preservation Board's regulations and should be removed immediately."

"The biblical scene of the newly born Jesus Christ lying in a manger in Bethlehem lies at the very heart of the Christian faith. Subjecting an image held sacred by millions of Texans to the Foundation's tasteless sarcasm does nothing to promote morals and the general welfare," Abbott said.

Instead, he said, the display "is intentionally designed to belittle and offend, which undermines rather than promotes any public purpose a display promoting the Bill of Rights might otherwise have had."

FFRF's lawsuit said Abbott's action showed "unambiguous viewpoint discrimination" and was also motivated by "animus" towards it and its nontheistic message.

According to the atheist group, Abbott has a long history of hate against FFRF when he was the state attorney general.

"Gov. Abbott has consistently advocated for displays of religion in the public sphere, while actively opposing any expression of nonreligious principles," FFRF said.