Suit threatened over religious ornaments for Capitol Christmas tree

WASHINGTON (RNS) Arizona schoolchildren are busy making 5,000 ornaments to decorate the 2009 Capitol Christmas Tree, but have been told by federal officials that the ornaments “may not reflect religious or political themes.” That restriction has resulted in the threat of legal action by a conservative Christian law firm if the rules are not relaxed […]

WASHINGTON (RNS) Arizona schoolchildren are busy making 5,000 ornaments to decorate the 2009 Capitol Christmas Tree, but have been told by federal officials that the ornaments “may not reflect religious or political themes.”

That restriction has resulted in the threat of legal action by a conservative Christian law firm if the rules are not relaxed by Sunday (Oct. 4), the day before the deadline to submit the ornaments.

“Banning Christmas from the Capitol Christmas tree is just absurd,” said Jonathan Scruggs, litigation staff counsel for the Alliance Defense Fund (ADF), in a press release.


ADF attorneys wrote a letter to federal and state officials, defending the First Amendment rights for students to express religious viewpoints.

For 39 years, the U.S. Forest Service has chosen a different state each year to provide a fresh Christmas tree for the U.S. Capitol. This year, Arizona was selected to donate and decorate the tree with the theme “Arizona’s Gift from the Grand Canyon State.”

ADF is working on behalf of an Arizona mother whose son wants to submit three ornaments — one that says “Merry Christmas,” another that says “Happy Birthday, Jesus,” and a third showing a manger scene with the baby Jesus. In addition to the religious references, the ornaments would also include references to Arizona’s history, geography or motto, “Ditat Deus” or “God Enriches.”

In the letter to the Forest Service and other government officials, ADF said “expression that comes through symbols, such as ornaments, is protected speech under the First Amendment.”

The restriction on religious ornaments is not new this year. Previous rules, including the 2007 application, said “ornaments with religious theme are not acceptable.”

“Yes it is a Christmas tree, but this is a time for the state to reflect itself and what it has,” said Richard Davalos, Capitol Christmas Tree coordinator.


This is not the first controversy to hit the Capitol Christmas Tree. In the late 1990s, the name was quietly changed from a “Christmas tree” to a “holiday tree” until 2005, when then-House Speaker Dennis Hastert replaced the tree’s traditional name.

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