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Kelly's court is back -- session at Christmas challenge has fired a cross country -- fired up a press -- fight between.
Some -- about atheists and some Texans who love their Manger scene someone Henderson county Texas.
Took offense to a nativity scene a public property.
So they complain to the freedom from religion foundation it's an atheist group more than a thousand miles away at the Madison was count was -- That group -- sent a letter to the county commissioner asking him to take the display down saying it violates the First Amendment the answer included the phrase.
Quote when hell freezes over.
And that's when -- -- Kelly carp picks up with former prosecutor John L Boren former prosecutor cohost of the five Kimberly go.
Thought Texas said -- -- they -- right.
My friends up in Wisconsin we're not taken that it is the display and activity is not unconstitutional even if it's on public property.
And you know what you can do with it with your letter mr.
Kimberly -- put a bright sun don't shine yeah right I mean come on and they have really good sound reasoning here as you know there are multiple US Supreme Court cases.
Right on point one recently.
-- in 2010.
At -- -- as the Salazar case.
So there is no role of law that says that.
An entity like this would have to eradicate all forms of religious symbols and in fact specific to attack the facts of this case.
Got little known that other little things that are very cute and you know rain gears -- Christmas at -- that aren't necessarily just religious in nature.
So -- saying it isn't purely a religious that you know nativity scene he has multiple different -- of the Christmas and winter solstice season and that's that's critical Donna we may -- the gnome but couldn't go home I could make or break the defense in this case could -- not.
That's true and I think -- this organ the atheist organization is gonna say that they know what actually makes their case and the reason for that is.
Lot pounds aren't particularly religious nor are reindeer or Santa -- so that means that this Christian symbol the nativity scene is the only religious.
Ornament for example on that -- and therefore it is that it is intruding on the First Amendment.
Now whether I only argued can't really haven't the -- the courts have said that you know you've you've put out like -- you put outs known still meant to put out no homes.
And it all its secular rises the display it sort of you know it takes that religious.
Message out of it as far as the public is concerned.
Yes -- Clinton too much water in your lemonade you know what I'm saying it doesn't waters it down it Clinton is -- so to speak so that other people aren't offended.
Like groups like -- -- -- and this group in particular.
So that you know the -- is right in this case to say we don't have to take it -- they sent a letter as well to a judge there locally in addition to the county commissioner.
I think they should fight this all the way -- like the attitude everyone's so worried about being PC but people alive on your side embrace it.
Oh they're embracing it all right -- -- message from them has been as is that -- hell freezes over the lines and so forth about it so that really the bottom line for people is when you put up that nativity is what you need the baby Jesus.
And Mary and three -- and a little who is that fourth what we know it's -- no lol yeah.
When we come back right after this break I want to ask you John about the atheist message that they say the nativity is sending which is one of intimidation.
-- And -- all right John so -- the atheist group is command said that they believe this sends a message of intimidation and exclusion to non Christians.
On public property and they point out there -- ample private and church grounds.
Were religious displays may be freely displayed in May be free -- placed a they have a point.
Well they're trying to make the point that that this is now in violation of -- what was called -- -- -- -- meant to let it be what the US Supreme Court came out with this three pronged test and what the content of that test -- This religious display can not be excessively entangled.
With the government and by making that.
I'm not I had on a good argument by making argument that people are -- be afraid to enter the county building because they think they're not Christians not to be welcome.
They're trying to fit that into one of the prongs of the land can only has it has.
The -- earnings on his point got gone off the rails because we're now the point where.
It's okay the nativity it's not -- if it's there by itself but stick an omen there.
You know -- -- -- the baby Jesus and if prep if possible frosty this film that would really help your case.
There -- all good isn't it says that your -- -- -- -- little white tailed -- Q there's so here I love it.
But that's of the lot is clever and crafty here but never Atlanta they're gonna lose because of that we're joking about the -- and the other.
Little ornaments and decorations they're there but that makes it something that's more secular not religious in nature.
And in fact this particular nativity scene and Christmas decorations comply with the lemon test.
Comply with the -- case.
And in fact reinforced by the springboard at the mention in -- -- -- ten decision very recently and Salazar -- -- so I'm saying it.
-- -- -- legal ground -- one app for Christmas here that's what's significant about other.
Olympic bid their backing down got -- Texas the county commissioner characterize this demand as stupid.
He set -- not -- to -- it's a hell freezes over the county judge said they're gonna have -- make us move it.
Another guy watching this case that this is the -- the -- it's a fight worth having an honor not a -- but the ape is group is working to eliminate not just this one but twelve more activity scenes panel.
But -- was gone and we're gonna talk to evidence Spanish generically talked on the five to see it -- but yet I gals -- is just part.
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