December 8, 2009

The War On The War On Christmas Strikes At Some Old Stomping Grounds

Locals pronounce the name Maryville, a Tennessee city very near The Estate At Louisville and an exurb of Knoxville,* "Muhrr-vull."  The big news:  a local citizen was concerned that the city's annual holiday celebration, which included a reading of several chapters from the Gospel of Luke, violated principles of separation of church and state.

INTERLUDE:  Since I tiresomely draw this protest every time I use that phrase, here it is AGAIN:  it is true that the Constitution does not use the exact words "separation of church and state."  Neither does it use the word "democracy" or any variant thereof.  The absence of that word doesn't mean the Constitution isn't about democracy. Of course it is.  When you read the document intending to understand it, that's not a big leap to make because the concept is readily apparent.  Same thing for reading the First Amendment and concluding that the Framers wanted to separate church and state.  So yes, it's in there, and no, there aren't explicit words to that effect.  You have to read, interpret, and comprehend and I'm not going to do that work for you here.  We now return to your regularly scheduled discussion of the War on the War on Christmas.
So in response, the city officials asked the city attorney, who said, "Nope, if you do a sectarian religious activity at a state-sanctioned event, you're violating the Constitution."  (This, by the way, is a correct statement of law.)  Therefore, the City of Muhrrvull cancelled the Bible reading portion of its annual lighting of the "Holiday" tree.  I have to put "Holiday" in quotes because, come on, everyone knows what "holiday" we're talking about.

Therefore, a brave soul took it unto himself to do the annual reading from the Gospel of Luke as a private citizen, and about 20 local citizens gathered, listened, and applauded when he was done.  Perhaps more interesting is the headnote appearing before the version of the story that I did not see when I first read the story yesterday:
Editor's note: Samuel David Duck is an employee of the E.W. Scripps Co. who works in the News Sentinel building, a fact that was unknown to the freelance writer of the story. Duck also is a candidate for governor running on a "One Nation Under God" platform.

So we're not exactly dealing with your run-of-the-mill Christian here -- we're dealing with both a newspaper employee and a guy who is running as a minor candidate for Governor.  A guy who has an axe to grind and an incentive to make waves.  Which makes me take his opening statement to the Knoxnews with a handful of salt:  Mr. Duck said it was "terrifying to stand and go against the courts" and read the Bible in a public park following the tree-lighting ceremony.

Well, it shouldn't have been.  Mr. Duck violated no law.  He did what he did as a private citizen and, now that I know he's running for Governor under a "One Nation Under God" platform, possibly as an act of political speech.  A private citizen can read the Bible out loud in a park if he wants to.  No law prohibits that and in fact the First Amendment protects it.  Mr. Duck was perfectly within his rights to do what he did and I, for one, would be quick to argue in his defense if some idiotic governmental official tried to stop him.

The important distinction is that Mr. Duck did not disrupt the non-religious, officially-sponsored parts of the ceremony.  The City of Muhrrvull can have holiday tree-lighting ceremonies all it wants to, as long as the Baby Jeebus isn't mentioned as part of the government-sponsored activities.  In fact, I don't think that the City Mayor would have been out of line to say at the end of the secular ceremonies, "I know there are a lot of Christians here and there will be a private Bible reading over by the Veteran's Memorial in ten minutes for those who wish to participate."  I draw the line at the Bible reading being part of the official proceedings.

This atheist is quick to point out that Mr. Duck is to be celebrated for his exercise of the free speech and free exercise rights of all American citizens. And this lawyer is also quick to praise the City of Maryville, Tennessee, for respecting the Constitution.

* I can't write the words "exurb of Knoxville" without cracking a grin. Knoxville isn't big enough to have suburbs, much less exurbs.

7 comments:

M1rth said...

http://www.law.cornell.edu/uscode/5/6103.html

5 USC 6103.

The holiday's name is "Christmas." Not Christmahanukwanzakah, not "Holiday", not anything else.

It's a fucking CHRISTMAS TREE.

Transplanted Lawyer said...

Then you must be saying that Maryville shouldn't have a tree at all.

Melissa said...

But if we are to see Christmas trees rather than Holiday trees, by all means let us get to see them fucking.

M1rth said...

TL,

The official, recognized name of the holiday is CHRISTMAS.

This is not up for debate. As a symbol of the holiday named CHRISTMAS, a CHRISTMAS TREE should be a valid way of celebrating the Federal Holiday of Christmas, should it not?

Political Correctness has gone too far.

Transplanted Lawyer said...

I don't debate that the name of the holiday of December 25 is Christmas, nor do I dispute that the Federal government has made it a holiday.

I trust that you won't debate that along with being a Federal holiday it is also a holy day for Christians and Christians only, not for Jews, Muslims, Hindus, Buddhists, or atheists. I further trust that you won't debate that many other traditions also have holy days that occur at approximately the same time of each year, and I further trust that you don't have a problem with people from those traditions celebrating their holy days, and I still further trust that if you don't have a problem with the government commemorating a purely Christian tradition that you similarly don't have a problem with the government commemorating those other traditions, too.

So please, take the "holiday tree" chip off your shoulder, relax and enjoy the season of festive cheer along with the rest of us. Rest assured, Christianity is still being given special treatment by the government. The city of Maryville's method of commemorating all of those holidays all at once could have been a menorah, but instead it chose a symbol derived from Christianity (well, actually, derived from Mithraism) instead. Haunakah is not a Federal holiday, Christmas is.

DaveBuck said...

M1rth,

Why does it bother you so much if some town calls their tree a Holiday tree? If one uses a more inclusive term, what's the harm?

It's like changing Congressman to Congressperson. It's updated and more accurate.

The tree wasn't always christian (as TL pointed out) and it's not completely Christian now. Plenty of non-christians put up a tree and have presents from Santa scattered below but celebrate the solstice or simply the general holiday season.

"Holiday" is simply a more inclusive, and today, a more accurate term.

zzi said...

Tiny Tim: Merry Christmas, Sir!

Ebenezer Scrooge: Humbug.