There will no longer be a Nativity scene on an Arkansas courthouse lawn after a federal judge ruled that it is unconstitutional.
The Nativity scene has been displayed every year on the Mountain Home courthouse lawn in Baxter County.
County officials approved last year to display a disclaimer near the scene, which read, "Let these festive lights and times remind us that we are keepers of the flame of liberty and our legacy of freedom. Whatever your religion or beliefs, enjoy the holidays," according to Fox News and the Associated Press.
Last December, the American Humanist Association's Appignani Humanist Legal Center filed the lawsuit on behalf of county resident Dessa Blackthorn, saying the display was promoting Christianity.
Despite requests from residents in 2013 to include a "Happy Solstice" banner near the display, which were denied by County Judge Mickey Pendergress, the county continued with the display.
U.S. District Judge Timothy Brooks issued the ruling on Thursday, saying that Pendergrass and the county must either stop putting any religious seasonal displays on the courthouse property or create a public forum allowing all religions and viewpoints including non-religion to erect displays.
"The inference as to whether a government action has a 'predominantly religious purpose' can be made as a matter of 'common sense' from 'openly available data,"' Brooks said.
Brooks dismissed a complaint against Pendergrass and awarded damages of $1 to the complainants, the amount Baxter County charged the Mountain Home Chamber of Commerce to rent courthouse lawn.
The chamber allowed a private citizen to place the Nativity scene on the property.
The lease agreement was made after Blackthorn threatened to file a lawsuit if the county allowed the Nativity scene but denied other holiday displays.
Monica Miller, senior counsel for the American Humanist Association's Appignani Humanist Legal Center, said, "This is a victory for the First Amendment and ensures that the government does not promote one religion over another, or religion over non-religion."
"Nativity scenes are only appropriate for private property," said Roy Speckhardt, executive director of the association. "When the government allows a holiday display that represents just one faith, it implies endorsement of that faith, excluding all others, regardless of what they believe."
