Friday, December 30, 2011

Greene County Tech defies ACLU on Nativity display

Posted by Max Brantley on Fri, Dec 30, 2011 at 3:01 PM

DEFIANT JESUS: Despite the ACLU and school lawyers counsel, the Nativity scene stayed put.
  • DEFIANT JESUS: Despite the ACLU and school lawyer's counsel, the Nativity scene stayed put.

We wrote earlier about the Greene County Tech elementary counselor in Paragould who put up a Nativity scene display in her classroom despite counsel against it from the school district lawyer, Donn Mixon of Jonesboro, and the administration. Forced to take it down, she went to the press. The resulting news coverage stirred a religionist fervor in town and school officials let her put her Nativity scene back up.

Enter the Arkansas affiliate of the ACLU. It wrote a letter to the School District citing the ample legal precedent that the display was an improper promotion of religion in a public school and asked that the School Board decide at its meeting Dec. 15 to take it down.

By the time the district received the letter, one day remained in the period before the holidays. Mixon still recommended that the display come down. The School Board said no. That was too late for the ACLU act this year.

John Burnett, a Little Rock lawyer cooperating with the ACLU on the case, said, "We're not dropping it just because the season is over." In other words, in 11 months it will be time again for the pig-headed proselytizing teacher to put her display back up again. The ACLU will be watching. "We're not dying to sue anyone," Burnett said. "It would be better if they came to their senses."

I couldn't reach school officials or Mixon for comment today. But let's have a bit of the ACLU's ringing words:

The nativity decoration at this primary school is unquestionably for the sectarian purpose of celebrating the distinctly religious aspects of the holiday and promoting the Christian religion, as both the circumstances of the display demonstrate and as Superintendent Noble has made quite clear in his public statements. The sectarian effect of this decoration is unmistakable as well. The U.S. Supreme Court, and the lower federal courts, have made abundantly clear that there are heightened Establishment Clause concerns in the context of public schools — particularly elementary schools — and this display clearly crosses the line. All of which is to confirm what we all know: decisions about children's religious education are best left in the hands of parents, not public school officials.

Not in the classroom of Kay Williams of Greene County, Arkansas. There, the U.S. Constitution is dirt.

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Can't exactly defy the ACLU as they have no real power in the end. Might as well defy the NRA...

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Posted by aerotive on 12/30/2011 at 3:26 PM

A nice 150,000 fine on the Tech district might wake them up. Let her put it up at HER house.

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Posted by sjs1959 on 12/30/2011 at 3:29 PM

Hardly the ACLU the teacher and school board are defying aerotive.

Remember, the Constitution grants us religious freedom!

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Posted by eLwood on 12/30/2011 at 3:30 PM

Aero, you're wrong. As eLwood said, Greene County is defying the Constitution. When the ACLU sues, it wins, period. There is no question as to the well-settled law.

And guess what ACLU gets if it wins? Attorneys' fees and costs of the litigation, along with an injunction proscribing the display of the nativity scene. They don't even have to wait until next year. Typically a case can only be brought if the harm is still occuring to the persons being harmed (meaning those who are either not Christian or do not wish to support the particular flavor of christianity the counselor practices). In other words, if the case is "ripe." Because the season is over, one could say that the issue is moot. However, because it occurs every year, and the superintendent ACTUALLY ADMITTED to violating the Constitution, then it's "capable of repetition yet evading review." That means that the Court will make an exception and issue an order on an issue that has, in this case, already taken care of itself.

Needless to say, the school will lose, and the taxpayers will be forced to pay for the legal fees of the ACLU. As an ACLU supporter, I thank the taxpayers of Greene County Tech for supporting one of my favorite organizations.

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Posted by Eukaryote on 12/30/2011 at 4:01 PM

The school district will lose because the teacher chose to include a label for the baby "Jesus" and the text "Happy Birthday Jesus". By including the text, the counselor is attempting to proselytize. It clearly shows that the teacher wants to be damn sure that the students and visitors to the school know that the baby in the picture is Jesus, and that Christmas is a celebration of his birthday. (Can't she leave anything to the imagination?)

I think the teacher should be punished by having the Winter Solstice outhouse from the Capital grounds parked on her front lawn.

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Posted by Viper on 12/30/2011 at 4:20 PM

That's our Viper with no use for the U.S. Constitution.

Got to wonder if Viper ever wakes up on the right side of bed.

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Posted by Sound Policy on 12/30/2011 at 5:07 PM

One is always encouraged to see signs of a sense of humor on the part of the wing to the right. And, of course, trolls.

No Greater Hope has your Norma this New Year Season, Razorbabies!

Now if only your Freethinkers would exhibit the creativity with which those on the wing to the left are presumed endowed instead of -- seriously -- a Pedantic Outhouse at college reading level.

Even if you don't know what's supposedly going on with a Nativity scene it's pretty and you don't have to read nothin' to bask in the Aww-Factor.

Get your gay guys to come up with the concept and colorways, Freethinkers. Get your lesbians to draw up the specs and build it. Maximize resources, people.

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Posted by Norma Bates on 12/30/2011 at 5:56 PM

Man, I really, really want to like the ACLU. I was a member of the ACLU when I was in law school. I generally agree with them on pretty much everything -- including this. But they're such jerks that I end up not really giving a damn.

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Posted by mr. green on 12/30/2011 at 6:20 PM

There are more important battles for the ACLU to fight, one of the most important of which is the Little Rock Police Department's efforts, supported by the attorneys for the City of Little Rock, to circumvent the Freedom of Information Act.

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Posted by plainjim on 12/30/2011 at 7:07 PM

This is an important battle for the ACLU to fight. The Paragould school district should know better than to allow this to go on. What I would like this counselor to do is put her Christianity into real action by personally professing her Faith to the residents of Lake Street and Reynolds Road. In fact, she should spend a week visiting the whole Northeast side of Paragould. I still think these people are grandstanding in the name of God. Hubris. And what if next year Wiccans, Catholics, General Baptists, or Jews in Paragould (hey, there are few there) want to display in the school their own Christmas posters?

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Posted by Artificial Inteligence on 12/30/2011 at 8:38 PM

Good for the teacher and good for Greene County Tech!! It's about time someone stood up for what Christmas is all about!The ACLU needs to find something else to argue about.

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Posted by misswood on 12/30/2011 at 8:42 PM

misswood, i will presume you are trolling. The ACLU does stand up for Christians and everyone else. misswood, did you play Santa with your children? Do your friends and family play Santa with their children? If so, then you have participated in a pagan ritual that has nothing to do with "what Christmas is all about". In fact, you are an idolater and have utterly failed to celebrate fully the birth of Baby Jesus. Did you have a Christmas tree in your house this year? If so, then you might as well have been kneeling down to worship at the alter of Satan. I sincerely hope that whatever Christian Church you attend is not full of people like you. I bet that your Church is not near as Holy as the Church of the Paragould Counselor.

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Posted by Artificial Inteligence on 12/30/2011 at 8:58 PM

"But in some corners of the country, especially in the rural South, open prayer and Christian symbols have never really disappeared from schools, with what legal advocates call brazen violations of the law coming to light many times each year."

http://www.nytimes.com/2011/12/28/us/battl…

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Posted by Norma Bates on 12/30/2011 at 9:22 PM

Millions, meanwhile, shrug. If it's reached U.S.A. Today, this is officially a trend.

"As Christmas Day glides by — all gilt, no substance — for many, clergy and religion experts are dismayed. They fear for souls' salvation and for the common threads of faith snapping in society. Others see no such dire consequences to a more openly secular America as people not only fess up to being faithless but admit they're skipping out on spiritual, the cool default word of the decade, as well."

Honey, when "the common threads of faith" in society are obsessed with control of women's reproductive rights and hatred of same-sex Americans, they can't snap soon enough.

http://www.usatoday.com/news/religion/stor…

Of course this means all those big businesses and industries and schools and entrepreneurs that were on the brink of locating in Paragould and revitalizing Main Street are having second thoughts.

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Posted by Norma Bates on 12/30/2011 at 9:32 PM

I'm betting Kay Williams will do this again in 2012, and the School Board will cave in to public opinion, so the ACLU should be ready to file their lawsuit.

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Posted by RYD on 12/30/2011 at 9:47 PM

Let's see: Aren't city, county, state, and federal offices and facilities (maybe with the exception of jails and fire and poiice stations) closed on Christmas day?

Doesn't that somehow suggest that all those people involved are "proselytizing" because they acknowledge that celebration of the birthday of Jesus? And they're cramming their religion down the throats of all the unbelievers who don't really want to be off from work and observing some Christian holy day.

It's OK to shut down government operations in the name of Jesus and celebration of his birthday, but it just won't do to put some construction paper on a bulletin board depicting the birth of a baby, especially if you put his name on it, and wish him happy birthday.

Does a school bulletin board actually constitute an "establishment of religion"?

Raise bigger issues, brethren; raise bigger issues.

IMHO

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Posted by SkyPilot on 12/30/2011 at 9:49 PM

Agreed!

Concern over religious indoctrination is so pre 9-11.

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Posted by CyberBiker on 12/30/2011 at 10:13 PM

Perhaps Norma is referring to the non-traditional nativity at the church:
http://latimesblogs.latimes.com/lanow/2011…

Public schools are not the place to teach religion. I'm no expert on teacher credentials, but I'm not aware of any certification in religion for public school teachers. I'm opposed to physical education teachers teaching calculus if they're not certified, and we sure don't need guidance counselors teaching religion.

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Posted by Viper on 12/30/2011 at 10:17 PM

SkyPilot

I celebrate the passing of the winter solstice, a pagan holiday with a history longer than the Christian religion. The ACLU has no bigger issue than enforcing the US Constitution especially in public schools.

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Posted by Hackett on 12/31/2011 at 8:31 PM

I'm a public school teacher and a Christian. As a Christian, I appreciate the stance taken with the bulletin board at Green County Tech. As a teacher, I understand the gateway this presents to other teachers to openly display their beliefs that may be opposing to my Christian values. That's why students and teachers give up many of their civil rights when they come through the school house gates each morning. We put aside our individual rights and beliefs to teach unbiased curriculum.

That being said, I truly believe we have much more pressing issues to be devoting our time and resources to than this.

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Posted by ChristianTeacher on 01/20/2012 at 8:21 AM
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