Judge Orders Arkansas County to Remove Nativity Scene From Courthouse Lawn Due to Atheist Complaint

A county in Arkansas has been forced to remove a Nativity scene from its courthouse lawn after a court found the display to be unconstitutional.

U.S. District Judge Timothy Brooks determined recently that Baxter County in north Arkansas had violated the First Amendment by displaying a Nativity scene on its courthouse lawn in years' past and refusing to allow other religious groups to display their own holiday scene.

Judge Brooks wrote in his opinion that the goal of the city should be to "create a public forum on the courthouse grounds for a seasonal display open to persons of all faiths as well as of no faith at all, without discrimination on the basis of viewpoint."

The lawsuit was brought on the city from the American Humanist Association and a local resident.

Roy Speckhardt, executive director of the American Humanist Association, said in a statement that "Nativity scenes are only appropriate for private property."

"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," Speckhardt added.

City officials had even put a disclaimer along with the Nativity scene that had read: "During the Holiday Season, the County of Baxter salutes liberty. 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. This display is owned and erected by private citizens of Baxter County."

Despite the disclaimer, the city was still forced to remove the scene.