Attorneys from the Thomas More Society, based in Chicago and Omaha, worked in tandem with Boston lawyers and State Rep. James Lyons of Andover, MA in providing critical legal support for this year’s successful effort on the part of the Massachusetts Nativity Scene Committee, headed by  Rep. Lyons (acting in his capacity as a private citizen) to win permission for tomorrow’s display of a Nativity Scene in the Great Hall of the Massachusetts State House in Boston. The Nativity Scene, provided as a public service by the American Nativity Scene Committee, also based in Chicago and supported by an anonymous benefactor, is privately funded and sponsored.

Rep. Lyons had initially phoned the Director of State House Operations back on November 30th to request permission to place a Nativity Display on the State House lawn, where political demonstrations and rallies had been held, including a recent “anti-hate” rally. After explaining what a Nativity Display consisted of, Lyons was told by the Director that, “I have had this type of request over the years, but religious displays are not allowed.”

Thereafter, on December 8th Rep. Lyons then submitted a written application to put up a Nativity Scene inside the State House in the Great Hall, the requisite fourteen (14) days later, on December 22nd. But despite Lyons’ repeated email requests, no response to his application was forthcoming except for the Director’s advice that he was awaiting word from the Speaker, Rep. Robert DeLeo. But the website of the State House Bureau was silent as to the Speaker’s role in consideration of applications, as were any criteria or guidelines set forth as to which applications should be granted and which denied.

When no decision was forthcoming by December 15th, Rep. Lyons called on Tom Brejcha, President and Chief Counsel of the Thomas More Society, for legal support. Together with attorney Robert W. Joyce of Newton, MA, working with the MA Pro-Life Legal Defense Fund, Brejcha crafted a four-page letter outlining the basic rights of citizens under the First Amendment, to proclaim their Christian faith and their symbolic expression of the core meaning of the Christmas holiday in the State House, which qualified as both a traditional and designated public forum.

This letter pointed out, among other things, that Nativity Scenes had been displayed, without the slightest objection on the part of the ACLU or other secular groups in many State Capitols around the U.S., including this year in the Capitol at Sacramento, California and many similar venues. Also noted was that a giant Menorah has been displayed in the State House annually and celebrated with a Lighting Ceremony attended by many MA State officials, who have used a scissor lift to reach the candle fixtures atop the 18 ft. Jewish religious symbol. As for how this religious symbol was allowed when the Christian symbol would not be allowed, the Director’s response was that Rep. Lyons would “have to talk to the Speaker about that.”

Indeed, last December 1, 2015, His Excellency MA Governor Charlie Baker issued a proclamation that hailed the Menorah and Lighting Ceremony and celebration of the Festival of Chanukah as exemplifying how “religious diversity and freedom to exercise religion are an important part of the Commonwealth’s history” and protected by its own Constitution, Article II. He added that the celebration commemorates the victory of an outnumbered army against forces of religious persecution – after which a great miracle followed as a small jar of oil kept the Menorah lit for eight days, “bringing joy to all who had fought for the right to teach and worship freely…the miracle of light…symbolizing the ideals of religious freedom and offering a beacon of hope to all those who are still subjected to spiritual oppression.”

Christians join their Jewish brothers and sisters in hailing the Menorah as a powerful symbol of religious freedom, but they too deserve the same right to express and proudly proclaim through the powerful symbol of the Nativity Scene their core belief that the Christmas holiday commemorates the birth of Jesus Christ, whom God sent down to earth as his only begotten Son as our Lord and Savior. That Christians may exercise this fundamental freedom to preach their faith in the public square – a place that the State House website describes as “a site for public congregation” – likewise symbolizes the ideal of religious freedom and offers a beacon of hope to victims of spiritual oppression.

Finally, late last Friday evening, on December 16th, Rep. Lyons received word that his application had been granted and that a Nativity Scene could be displayed tomorrow in the Great Hall from 11 am until 5 pm.

“The nativity scene at the Massachusetts State House represents constitutionally-protected free speech and expression of religious faith by private citizens in a traditional and designated public forum,” said Tom Brejcha, President and Chief Counsel of the Thomas More Society. He explained, “The government is neither censor nor endorser of such religious speech. Within the State House, as well as on the State House lawn, where political rallies are held, the government is merely the gatekeeper ensuring neutral access for free speech by citizens of all stripes and viewpoints.”

Nativity Scenes have been displayed in prior years on Boston Common, not far from the State House. A 1955 photo depicts a giant Nativity Scene, complete with a herd of sheep.

During the Christmas season after the 1963 assassination of President John F. Kennedy, a sign accompanying the crèche encouraged visitors to spend a “minute of silent meditation in memory of our late President.”

“This is a victory for the citizens of Massachusetts,” added Rep. Lyons. “It is important that the state recognize all such public displays of religious tradition by its citizens.  Next year we should be able to put up another large Nativity Display, as in prior years but privately funded and sponsored, on the State House lawn.”