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Federal Judge: Greg Abbott Was Wrong To Remove Mock Nativity Scene

Courtesy State Rep. Charlie Geren
Winter Solstice scene on display in the Capitol. It was ordered removed after Gov. Greg Abbott objected to it.

A federal judge ruled against Texas Gov. Greg Abbott's decision two years ago to remove a mock Nativity display from the Texas Capitol that advocated the separation and church state. 

U.S. District Judge Sam Sparks ruled late Friday that Abbott "violated [the Freedom From Religion Foundation's] clearly established First Amendment right to be free from viewpoint discrimination in a limited public forum."

It all started in late 2015 when the Freedom From Religion Foundation placed a "winter solstice" display in the Capitol basement. The exhibit featured a cardboard cutout of the nation's founding fathers and the Statue of Liberty looking down at the Bill of Rights in a manger.

Abbott ordered its removal, calling it a "juvenile parody" and writing that the "Constitution does not require Texas to allow displays in its Capitol that violate general standards of decency and intentionally disrespect the beliefs and values of many of our fellow Texans."

Abbott took the action in his role as the chairman of the State Preservation Board, the body tasked with preserving and maintaining the grounds of the Texas Capitol and several surrounding state landmarks.  The board had previously approved the display. The governor could not immediately be reached to comment on the decision. 

FFRF posted the decision on its website.

"We'd rather keep divisive religious — and irreligious — views out of state capitols," said FFRF co-President Annie Laurie Gaylor. "But if the government creates public forums, and permits Christian nativities in them, there must be room at the inn for the rest of us."

The Texas Tribune provided this story.

Abby Livingston joined the Tribune in 2014 as the publication's first Washington Bureau Chief. Previously, she covered political campaigns, House leadership and Congress for Roll Call, the Capitol Hill newspaper. A seventh-generation Texan, Abby graduated from the University of Texas at Austin. She grew up in Fort Worth and has appeared in an episode of "The Bold and The Beautiful." Abby pitched and produced political segments for CNN and worked as an editor for The Hotline, National Journal’s campaign tipsheet. Abby began her journalism career as a desk assistant at NBC News in Washington, working her way up to the political unit, where she researched stories for Nightly News, the Today Show and Meet the Press. In keeping with the Trib’s great history of hiring softball stars, Abby is a three-time MVP (the most in game history —Ed.) for The Bad News Babes, the women’s press softball team that takes on female members of Congress in the annual Congressional Women’s Softball breast cancer charity game.