Reclaiming Religious Freedom: US Capitol Hosts Historic Nativity Display

On Tuesday, a Nativity scene sat on the southeastern steps of the United States Capitol building. According to the Christian Post, it was the first time in American history that such a display was allowed, and those who organized it called it a "milestone for religious freedom and the First Amendment." 

Reverend Patrick Mahoney, along with supporters, stood next to the display and prayed, sang Christmas carols, and read the Christmas Story. He said the display was there because he won a "historic federal lawsuit" with the help of the Center for American Liberty. He also said that if he had done this seven months ago, he would have been arrested.  

Mahoney is referring to his Mahoney v. U.S. Capitol Police Board case, which he won earlier this year. According to the Center for American Liberty, the cleric filed a permit to hold a prayer vigil on the Capitol steps on September 11 back in 2021. It came after the fences put in place after January 6 were removed. He was denied, but others were allowed to protest on the steps, including Democrat Congresswoman Cori Bush, who led a protest against evictions. Mahoney claimed the denial was unconstitutional, and a federal district court agreed. Here is what the court decided, according to the Center for American Liberty (emphasis theirs): 

The court’s opinion means that Rev. Mahoney is now free to pray and peacefully demonstrate in this area that the Capitol Police once arbitrarily deemed off limits to Rev. Mahoney.

Here’s what you need to know about the court’s ruling:

1. The court found that the lower portion of the eastern Capitol steps is a traditional public forum;
2. That designation means that the Capitol Police Board’s complete prohibition on demonstration activity on the lower portion of the eastern steps violates the First Amendment;
3. As a result, the Capitol Police Board is permanently enjoined from enforcing the No Demonstration Zone on the lower portion of the steps.

The Center added, "Today’s ruling from the court smashes that stranglehold, ensuring that every American—regardless of whether they have a member of Congress in their pocket—can exercise their right to free speech on the U.S. Capitol Grounds."   

This comes after last December's news that 43 state capitol buildings displayed Nativity scenes on government property. A similar number is expected this year. According to CBN, "American Nativity Scene worked closely with attorneys at Thomas More Society to make sure that groups that desired to sponsor a state capitol Nativity scene were able to do so, as allowed by law." Thomas Olp, an executive vice president with the Thomas More Society, told CBN: 

Many erroneously assume that government entities are prohibited from allowing a religious display... The law is clear. Government entities may erect and maintain celebrations of the Christmas holiday—or allow citizens to do so on government property, including Nativity scenes, as long as a crèche's sole 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

In my home state, Georgia Right to Life sponsored the Nativity scene at the State Capitol this year. 

Mahoney believes that having access to such a large public square is a blessing. "The hopeful declaration of ‘Peace on earth, goodwill toward man,’ is one that needs to be heard and embraced by all Americans,” he said in an interview.