For the first time in United States history, a nativity scene is on display on Capitol Hill. Tuesday afternoon, the “Christmas Carols and Nativity Display” was held on the southeastern steps of the U.S. Capitol, on the House of Representatives side. The event included prayer, Christmas carols, and a Scripture reading about the birth of Jesus.
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This amazing photo was taken by Sue Dorfman and ZUMA Press.#JoyToTheWorld #USCapitolNativity pic.twitter.com/PhjXO7bQjL
— Rev. Patrick Mahoney (@revmahoney) December 11, 2024
For the first time in United States history, a Nativity will be on display at the U.S. Capitol. The display will be on the southeastern steps in front of the House of Representatives Dec. 10.
According to a newsletter from the Christian Defense Coalition, the display comes after Rev. Patrick Mahoney, director of the Christian Defense Coalition, won a federal court case in May that ruled that the steps of the U.S. Capitol building are a public forum. Thus, peaceful demonstrations can take place on the steps of the building.
The event will also include Christmas carols.
The Rev. Patrick Mahoney is a rabble-rouser in a good way, and has been fighting for religious liberty in America and around the world for decades. In 2011, 13 years ago, Mahoney started waging this battle against the federal government when he let it be known that he would pray and read scripture in front of the Capitol Christmas tree and was told he would be arrested.
Rev. Patrick Mahoney was told by Capitol Police officials that he will face a potential arrest if he reads the Christmas story from the Bible and holds a Nativity display at the Capitol Christmas tree.
Rev. Mahoney’s attorney met with police officials Tuesday and explained to them his plans to hold a small nativity display; pray for peace, justice, religious freedom and political leaders; read the Christmas story from the Bible; and sing Christmas carols at the Capitol tree Thursday.
Police responded by informing Mahoney he could be arrested for his Christmas displays on the West lawn of the U.S. Capitol Building. They told him that some of his activities may be prohibited or constitute an illegal demonstration, according to a press release.
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But it was Mahoney’s 2022 lawsuit in the U.S. District Court for the District of Columbia that finally forged a path. Mahoney filed it after he was again denied a permit to “peacefully demonstrate” at the U.S. Capitol, this time on Good Friday.
“The ‘People’s House,’ as the US Capitol Building is so rightly called, must be a place where all Americans are afforded the right to come and peacefully celebrate and express their First Amendment rights. Tragically, those rights and freedoms are being denied and prohibited.
“Business is going on as usual at the Capitol. Members of Congress and their staff are entering and using the Capitol. Vendors, the media and their crews, invited guests, lobbyists, tourists and so many more are also allowed to enter and use the Capitol grounds.
“Yet, I am being prohibiting from holding a Good Friday Service to pray for God to bring healing to our nation and bring hope and comfort to all those struggling around the world, especially for the people of Ukraine. I am filing this federal lawsuit to ensure the ‘People’s House’ is returned back to the people and the First Amendment is once again celebrated and honored at the United States Capitol.”
In May 2024, the court ruled in his favor, but despite the federal government’s resistance to the inclusion of a nativity or a traditional religious observance at the Capitol, this is not legal precedent.
7 months ago, we would’ve been arrested for having this Nativity Display on the steps of the US Capitol. However, we won an historic federal lawsuit through the incredible work of the Center for American Liberty which allowed us on the steps! @Liberty_Ctr @pnjaban… pic.twitter.com/0yObLMhCvw
— Rev. Patrick Mahoney (@revmahoney) December 11, 2024
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This U.S. Capitol victory follows a long line of victories to maintain or place nativity scenes for display on government and other public property. Legatus covered the famous 1984 case in Chicago, Illinois, when government officials tried to remove the “resurrected” Nativity on Chicago’s Daley Plaza. They lost their battle, and the display, now in its 40th year, continues to this day. The ACLU and other anti-religion groups have tried to have nativity scenes in various cities and states removed or restricted, claiming separation of church and state. Legatus wrote in 2019:
There is a huge misconception about separation of church and state, especially pertaining to Christmas Nativities. Those claiming offense by displays of the Biblical account of Jesus’ birth often cry foul, and government officials regularly deny applications for scenes depicting the Holy Family on public property.
In terms of local and state municipalities, according to Legatus, each time a nativity display was challenged, the court ruled in favor of the display and allowed it to stand.
Attacks on the Nativity, both socially and legally, are now commonplace. The Thomas More Society and other public interest law firms regularly defend the rights of individuals to include their faith in their day-to-day lives, and to display symbols of that faith in the public square.
Many erroneously assume that a city or town is prohibited from sponsoring a holiday display. The law is clear. Government entities may erect and maintain celebrations of the Christmas holiday, including Nativities, as long as the crèche’s purpose is not to promote its religious content, and it is placed in context with other symbols of the season as part of an effort to celebrate the public Christmas holiday through traditional symbols. Private groups may utilize public space if it is made available by government for events involving non-religious expression.
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It’s a definite sea change, helped along by the Left and their excessive overreach. It is no accident that much of this battle occurred under the “divider in chief” Obama’s administration, and it is coming to an end with the outgoing Biden-Harris administration. The inflection point may well have been the December 2023 display at the Iowa state capitol of “Baphomet,” a Satanic statue sponsored by the Satanic Temple of Iowa. That statue was destroyed by a former congressional and legislative candidate from Mississippi, and he has since been charged with a hate crime. The 2020 protests at the nation’s capitol and other state capitols in major American cities also caused the disintegration, and the Left failed to realize it. All those “mostly peaceful” protests during the summer of 2020 were also sanctioned and defended. So, the Left’s tacit allowance and even championing of these displays helped to erode the “church and state” argument. As Rev. Mahoney stated above, the United States Capitol is a public forum that is open to all. If news coverage and protests can be permitted and allowed (not to mention Satanic statues), then so can peaceful demonstrations such as a nativity display. Mahoney’s long fight resulted in a win not just for himself but for First Amendment liberties for the entire nation.
“We are so very thankful for the opportunity to share the joyful and powerful message of Christmas at the steps of the United States Capitol,” Mahoney said. “In a hurting and wounded world, there is no more redemptive and healing message than the Christmas story. The hopeful declaration of ‘Peace on earth, goodwill toward man,’ is one that needs to be heard and embraced by all Americans.”
Mahoney then quoted Isaiah 9:6, where the prophet hails the Messiah as “Wonderful Counselor, Mighty God, Everlasting Father, Prince of Peace.”
“This is also a significant victory for religious freedom and the 1st Amendment,” Mahoney added. “This event has ended and won the war on Christmas in the public square.”
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Let’s hope so. I know I was heartened, especially after seeing the warped, pro-Palestinian nativity scene at the Vatican where the swaddling cloth the baby Jesus is wrapped in is a keffiyeh.
Related: Muslims Applaud As Pope Francis Unveils Pro-Hamas Christmas Nativity Crèche at Vatican
I was even further heartened by my own hometown’s proud display of their beautiful crèche at City Hall (pictured). If this is a sign of our nation’s return to sanity and first principles, then it’s a truly lovely Christmas gift.
As Charles Dickens’ character “Tiny Tim” said, “God Bless us all, everyone!”
