[aruanan]

In all fairness, the State Bldg IS STATE property and putting a nativity scene is an obvious instance where they’re NOT separating church and state.

In all fairness, tell me where "Congress shall pass no law respecting an establishment of religion nor prohibiting the free exercise thereof" mandates the elimination of religious symbolism from the public square? This was strictly a limitation on the federal government. It didn't apply to the states, some of which at the founding of the Republic and thereafter had official state churches.

[AlanGreenSpam]

Nice substantitive argument...

Regarding the clause, “Congress shall pass no law respecting an establishment of religion...”

I would argue the following:

1. If indeed the intent of the Constitution was Federal Gov’t religious neutrality, doesn’t it follow that State gov’ts WITHIN the Federation should be subject to the same interpretation?

2. A nativity scene in a State building is essentially “respecting an establishment of one particular religion.” Consider that there are Jews, Hindus, Buddhists, etc. who are State residents and taxpayers and they may object to the sanctification of the Nativity Scene by the State.

BTW, I welcome counter-arguments/discussions such as yours having substance...