A religious liberty group is challenging a Connecticut state policy that prohibits Nativity scenes in the Capitol, arguing that the ban constitutes viewpoint discrimination and violates the First Amendment. The First Liberty Institute sent a demand letter Monday to Connecticut's Joint Committee on Legislative Management on behalf of the Family Institute of Connecticut (FIC).
The group was denied permission in December to display a small Nativity scene in a public area of the Capitol building. According to First Liberty Institute, the Joint Committee on Legislative Management rejected the FIC's application, citing a policy that prohibits displays that are "religious in nature." The committee reportedly explained that a standalone Nativity scene could be perceived as government endorsement of Christianity.
First Liberty Institute contends that the committee's policy is unlawful and that denying the FIC's request based on its religious nature violates the Free Speech Clause of the First Amendment. The letter argues that the Establishment Clause does not prohibit the display of a Nativity scene at the State Capitol.
"The Committee’s position is legally incorrect, and the Committee itself has violated the First Amendment to the U.S. Constitution by maintaining a facially unlawful policy and denying FIC’s application," the letter states. "As summarized below, the Establishment Clause certainly does not forbid the display of a Nativity scene at the State Capitol, and the committee’s denial of FIC’s request based on its religious nature is viewpoint discrimination in violation of the Free Speech Clause."
Roger Byron, senior counsel for First Liberty Institute, stated that the policy infringes on First Amendment rights. "The law is clear that barring a religious viewpoint from a public forum like this violates the Free Speech Clause," Byron said. "Hopefully the Committee changes its policy and makes further legal action unnecessary."
Andrew Lelling, partner at Jones Day and lead counsel for the FIC, added, "The FIC is just asking for equal treatment. No one should be censored or denied access because his viewpoint is a religious one."
Connecticut's Joint Committee on Legislative Management was contacted for comment. The lawsuit threat comes as debates continue around the neutrality of public spaces and the inclusion of religious displays.