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Lawsuit challenges new ban on 63-year-old Michigan roadside nativity display
cna ^ | October 27, 2009

Posted on 10/27/2009 8:36:34 AM PDT by NYer

.- A 63-year-old tradition of having a privately maintained nativity scene on a public median in Warren, Michigan has been ended after the local road commission received a threatening letter from the Freedom From Religion Foundation. The move has resulted in a lawsuit charging that the ban on the display is discriminatory.

In 1945 St. Anne’s Parish received a donation of Christmas nativity statues which were too large to set up inside the church. Some parishioners thought the statues and a manger could be displayed in the center of the village during the Christmas holidays.

Warren’s village president granted permission to display the nativity scene on the road median.

Since 1945, a nativity display has been erected at the location by Warren resident John Satawa and members of his family. He took over responsibility for the display from his father, Joseph Satawa, who died in 1965.

Community members, private businesses and organizations have also helped maintain the tradition.

The Freedom from Religion Foundation claimed that the presence of the nativity display violated the “constitutional principle of separation of church and state.”

In December 2008, after receiving the group’s letter, the Road Commission demanded that Satawa immediately remove the display, citing improper permits.

Satawa’s 2009 permit application was denied on the grounds the nativity display “clearly displays a religious message” in violation of the “separation of church and state.”

On October 23 the Ann Arbor-based Thomas More Law Center filed a federal lawsuit on behalf of Satawa against the Macomb County Road Commission. The suit charges that the Road Commission’s restriction violates Satawa’s First Amendment rights and his equal protection guarantee under the Fourteenth Amendment. The suit also charges that the commission’s policy decision violates the Constitution’s Establishment Clause by disfavoring religion.

The Law Center filed the lawsuit to obtain a declaratory judgment that the Road Commission’s actions were unconstitutional and to secure a court order permitting the display.

Law Center attorney Robert Muise, who is handling the case, said that the U.S. Supreme Court holds that public streets are “held in the public trust” and are “properly considered traditional public forums for private speech.”

“Moreover, the Supreme Court has also stated that ‘private religious speech, far from being a First Amendment orphan, is as fully protected under the Free Speech Clause as secular private expression.’ Consequently, by restricting speech because it is religious expression, the Road Commission is imposing a content-based restriction on private speech in a traditional public forum in clear violation of the Constitution,” Muise added.

Law Center President and Chief Counsel Richard Thompson was very critical of the Road Commission’s action and the Freedom From Religion Foundation.

“Every Christmas holiday, militant atheists, acting like the Taliban, use the phrase ‘separation of church and state, ’ — nowhere found in our constitution — as a means of intimidating municipalities and schools into removing expressions celebrating Christmas, a National Holiday,” Thompson charged.

“Their goal is to cleanse our public square of all Christian symbols. However, the grand purpose of our Founding Fathers and the First Amendment was to protect religion, not eliminate it. Municipalities and schools should be aware that the systematic exclusion of Christmas symbols during the holiday season is itself inconsistent with the Constitution.”



TOPICS: Constitution/Conservatism; Culture/Society; Philosophy; US: Michigan
KEYWORDS: catholic; michigan; nativity

1 posted on 10/27/2009 8:36:34 AM PDT by NYer
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To: Salvation; narses; SMEDLEYBUTLER; redhead; Notwithstanding; nickcarraway; Romulus; ...
Martyr who refused to remove crucifixes from hospital to be honored Oct. 29

Catholic Ping
Please freepmail me if you want on/off this list


2 posted on 10/27/2009 8:39:18 AM PDT by NYer ( "One Who Prays Is Not Afraid; One Who Prays Is Never Alone"- Benedict XVI)
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To: NYer

Well, they’re off the Christmas list! /s


3 posted on 10/27/2009 8:39:53 AM PDT by Reaganesque ("And thou shalt do it with all humility, trusting in me, reviling not against revilers.")
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To: NYer
"Freedom From Religion"

That verbiage is so offensive.

4 posted on 10/27/2009 8:41:14 AM PDT by EggsAckley (There's an Ethiopian in the fuel supply. W.C. Fields)
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To: EggsAckley
-- "Freedom From Religion"
That verbiage is so offensive.
--

Bill of Rights

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...

Not that the nativity scene is an act of Congress, but these putzes are going to claim a constitutional violation on "separation of church and state" grounds, deliberately ignoring the freedom of exercise part of the constitution.

5 posted on 10/27/2009 8:46:30 AM PDT by Cboldt
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To: NYer

There is no “Seperation of Church and State” any place in the Constitution. They continue to use this in violation of our laws.


6 posted on 10/27/2009 8:53:25 AM PDT by RC2
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To: EggsAckley

“Freedom From Religion”

***That verbiage is so offensive.***

True.
If you go through southern Utah west of Bryce Canyon you will see that the local highway cleanup program is sponsered by the “Freedom From Religion” group.


7 posted on 10/27/2009 8:53:35 AM PDT by Ruy Dias de Bivar (You talkin' ta me? YOU TALKIN TO ME! Well just who are you talkin' to?)
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To: NYer

“Every Christmas holiday, militant atheists, acting like the Taliban, use the phrase ‘separation of church and state, ’ — nowhere found in our constitution — as a means of intimidating municipalities and schools into removing expressions celebrating Christmas, a National Holiday,” Thompson charged.”
* *

Well said.


8 posted on 10/27/2009 8:57:48 AM PDT by Canedawg (FUBO)
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To: RC2

And oh, the irony. The very same man who was instrumental in twisting Jefferson’s words for a political advantage, is the same Scotus justice who wrote the majority opinion to remove prayer from school. And look at the benefits our country has reaped.

Yet my election polling place last November was a church.


9 posted on 10/27/2009 8:58:16 AM PDT by del4hope
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To: NYer

Did that group object to foot baths in airports? To loud blaring 5 times a day from loudspeakers placed on meeting houses? to taxi drivers refusing to transport normal people who were carrying alcohol?


10 posted on 10/27/2009 9:10:09 AM PDT by Leftism is Mentally Deranged
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To: NYer

Freedom FROM Religion....simple, don’t look when you drive by. the devil and his minions are busy once again.


11 posted on 10/27/2009 9:12:05 AM PDT by tioga
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To: NYer
The 1st Ammendment of the US Constitution:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Why is it that libs only read the parts of the Constitution with which they agree.

Read the whole flippin' thing....

12 posted on 10/27/2009 9:12:53 AM PDT by BFM (CLINTON is and always will be a rapist. Never forget!)
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To: NYer

Michigan has enough problems without having to deal with this kinda crap.


13 posted on 10/27/2009 9:22:58 AM PDT by proudpapa (Obama - Worst One Ever!)
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To: proudpapa

The Road Commission thinks the roads belong to them.


14 posted on 10/27/2009 9:27:39 AM PDT by RobbyS (ECCE HOMO!)
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To: Leftism is Mentally Deranged
Did that group object to foot baths in airports?

Michigan is home to one of the, if not the, largest communities of Muslims in the US. You point out some interesting facts of which many Americans are not aware - the approval of loudspeakers by city councils for the call to prayer (while silencing church bells) and the taxi drivers refusal to transport American citizens carrying a 6 pack. I was not aware of the airport foot baths.

Wake up America!!

This is how the process begins, gradually but with persistence. Today Michigan, tomorrow ???

15 posted on 10/27/2009 9:35:24 AM PDT by NYer ( "One Who Prays Is Not Afraid; One Who Prays Is Never Alone"- Benedict XVI)
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To: NYer

“Freedom From Religion Foundation”...

So invite them to set up a non-Nativity scene nearby where there are not a manger, figures or animals.

Anyone thought about setting up a Freedom from Cranks, Butt-heads and Morons Foundation?


16 posted on 10/27/2009 9:38:21 AM PDT by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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To: USMCPOP

>>Anyone thought about setting up a Freedom from Cranks, Butt-heads and Morons Foundation?<<

I’d donate.


17 posted on 10/27/2009 10:59:18 AM PDT by netmilsmom (Psalm 109:8 - Let his days be few; and let another take his office)
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To: grellis

Ping


18 posted on 10/27/2009 10:59:52 AM PDT by netmilsmom (Psalm 109:8 - Let his days be few; and let another take his office)
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To: BFM

Well aren’t statue’s art? So now they are banning art...


19 posted on 10/27/2009 11:16:54 AM PDT by Freddd (CNN is not credible.)
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To: Springman; sergeantdave; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; ...

If you would like to be added or dropped from the Michigan ping list, please freepmail me.


20 posted on 10/27/2009 11:33:14 AM PDT by grellis (I am Jill's overwhelming sense of disgust.)
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To: Springman; sergeantdave; cyclotic; netmilsmom; RatsDawg; PGalt; FreedomHammer; queenkathy; ...

If you would like to be added or dropped from the Michigan ping list, please freepmail me.


21 posted on 10/27/2009 11:33:35 AM PDT by grellis (I am Jill's overwhelming sense of disgust.)
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To: NYer

if christians are not allowed to pray, why are athiests allowed to not pray?

doesn’t seem fair.


22 posted on 10/27/2009 11:41:33 AM PDT by absolootezer0 (2x divorced, tattooed, pierced, harley hatin, meghan mccain luvin', smoker and pit bull owner..what?)
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To: Ruy Dias de Bivar
If you go through southern Utah west of Bryce Canyon you will see that the local highway cleanup program is sponsered by the “Freedom From Religion” group.

Litter tracts.

23 posted on 10/27/2009 12:34:49 PM PDT by magslinger (Inside every father is a Bryan Mills waiting to get out.)
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To: NYer

They will choke on their pettiness one day.


24 posted on 10/27/2009 1:40:43 PM PDT by TASMANIANRED
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To: NYer

What Islam Isn’t
 
By Dr. Peter Hammond
FrontPageMagazine.com | Monday, April 21, 2008  
The following is adapted from Dr. Peter Hammond’s book: Slavery, Terrorism and Islam: The Historical Roots and Contemporary Threat:
Islam is not a religion nor is it a cult. It is a complete system.

Islam has religious, legal, political, economic and military components. The religious component is a beard for all the other components.

Islamization occurs when there are sufficient Muslims in a country to agitate for their so-called ‘religious rights.’

When politically correct and culturally diverse societies agree to ‘the reasonable’ Muslim demands for their ‘religious rights,’ they also get the other components under the table. Here’s how it works (percentages source CIA: The World Fact Book (2007)).

As long as the Muslim population remains around 1% of any given country they will be regarded as a peace-loving minority and not as a threat to anyone. In fact, they may be featured in articles and films, stereotyped for their colorful uniqueness:

United States — Muslim 1.0%
Australia — Muslim 1.5%
Canada — Muslim 1.9%
China — Muslim 1%-2%
Italy — Muslim 1.5%
Norway — Muslim 1.8%

At 2% and 3% they begin to proselytize from other ethnic minorities and disaffected groups with major recruiting from the jails and among street gangs:

Denmark — Muslim 2%
Germany — Muslim 3.7%
United Kingdom — Muslim 2.7%
Spain — Muslim 4%
Thailand — Muslim 4.6%

From 5% on they exercise an inordinate influence in proportion to their percentage of the population.

They will push for the introduction of halal (clean by Islamic standards) food, thereby securing food preparation jobs for Muslims. They will increase pressure on supermarket chains to feature it on their shelves — along with threats for failure to comply. ( United States ).

France — Muslim 8%
Philippines — Muslim 5%
Sweden — Muslim 5%
Switzerland — Muslim 4.3%
The Netherlands — Muslim 5.5%
Trinidad &Tobago — Muslim 5.8%

At this point, they will work to get the ruling government to allow them to rule themselves under Sharia, the Islamic Law. The ultimate goal of Islam is not to convert the world but to establish Sharia law over the entire world.

When Muslims reach 10% of the population, they will increase lawlessness as a means of complaint about their conditions ( Paris –car-burnings). Any non-Muslim action that offends Islam will result in uprisings and threats ( Amsterdam - Mohammed cartoons).

Guyana — Muslim 10%
India — Muslim 13.4%
Israel — Muslim 16%
Kenya — Muslim 10%
Russia — Muslim 10-15%

After reaching 20% expect hair-trigger rioting, jihad militia formations, sporadic killings and church and synagogue burning:

Ethiopia — Muslim 32.8%

At 40% you will find widespread massacres, chronic terror attacks and ongoing militia warfare:

Bosnia — Muslim 40%
Chad — Muslim 53.1%
Lebanon — Muslim 59.7%

From 60% you may expect unfettered persecution of non-believers and other religions, sporadic ethnic cleansing (genocide), use of Sharia Law as a weapon and Jizya, the tax placed on infidels:

Albania — Muslim 70%
Malaysia — Muslim 60.4%
Qatar — Muslim 77.5%
Sudan — Muslim 70%

After 80% expect State run ethnic cleansing and genocide:

Bangladesh — Muslim 83%
Egypt — Muslim 90%
Gaza — Muslim 98.7%
Indonesia — Muslim 86.1%
Iran — Muslim 98%
Iraq — Muslim 97%
Jordan — Muslim 92%
Morocco — Muslim 98.7%
Pakistan — Muslim 97%
Palestine — Muslim 99%
Syria — Muslim 90%
Tajikistan — Muslim 90%
Turkey — Muslim 99.8%
United Arab Emirates — Muslim 96%

100% will usher in the peace of ‘Dar-es-Salaam’ — the Islamic House of Peace — there’s supposed to be peace because everybody is a Muslim:

Afghanistan — Muslim 100%
Saudi Arabia — Muslim 100%
Somalia — Muslim 100%
Yemen — Muslim 99.9%

Of course, that’s not the case. To satisfy their blood lust, Muslims then start killing each other for a variety of reasons.

‘Before I was nine I had learned the basic canon of Arab life. It was me against my brother; me and my brother against our father; my family against my cousins and the clan; the clan against the tribe; and the tribe against the world and all of us against the infidel. – Leon Uris, ‘The Haj’

It is good to remember that in many, many countries, such as France, the Muslim populations are centered around ghettos based on their ethnicity. Muslims do not integrate into the community at large. Therefore, they exercise more power than their national average would indicate.


25 posted on 10/27/2009 4:52:27 PM PDT by itsahoot (Each generation takes to excess, what the previous generation accepted in moderation.)
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To: itsahoot
THANK YOU! for posting an updated version of Dr. Hammond's quote. Citing cities and percentages brings it all to life and renders it far more meaniingful. Again, thank you!
26 posted on 10/27/2009 5:03:20 PM PDT by NYer ( "One Who Prays Is Not Afraid; One Who Prays Is Never Alone"- Benedict XVI)
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To: NYer

Yeah, I’ve seen it a hundred times over the years. The “offensive” display at Mound and Chicago in Warren is at worst, a distraction. Drivers don’t necessarily have to be texting or talking on their cell phones while driving in order to be distracted long enough to be dangerous. Rubbernecking the scenery as a drive-by observer can be just as deadly. That’s probably why they took down the gigantic portrait of Jesus off of N I-75 that begged the question, “Are you on the right road?”


27 posted on 10/28/2009 2:31:41 AM PDT by equaviator ("There's a (datum) plane on the horizon coming in...see it?")
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To: grellis; AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; ...

ARAB FESTIVAL 2009: SHARIA IN U.S.
YouTube | June 21, 2009 | Nabeel Qureshi & David Wood
Posted on 10/28/2009 12:55:17 PM PDT by Wisconsinlady
http://www.freerepublic.com/focus/religion/2373110/posts


28 posted on 10/28/2009 9:02:33 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/__Since Jan 3, 2004__Profile updated Monday, January 12, 2009)
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