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Judge upholds nativity ban in Santa Monica

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    Church groups weigh next steps

  • Duration 4:22
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Happened -- troops in Santa Monica California awaiting their next steps after a judge.

Upholds a city band of nativity scenes in city parks elaborate activity scenes decorated.

For this city for more than fifty years but that was until atheist wanted to put up their displays to.

And after dealing with the headaches of trying to please everybody to Santa Monica City Council simply ban the mall.

On our legal -- -- Doug burns and Tom can have both former prosecutors and criminal defense attorneys OK so.

Basically the judge here said Tom that the the city was was in the right to be able to ban all of these scenes.

Because it affects everybody equally if not just focusing on nativity scenes and Christians or atheist it's everybody nobody could put opposite.

Yeah and that that's usually.

You know do the position of course will take in these situations is that hey all we treating anybody differently is everybody being treated the same or is one group being discriminated against.

You know.

It's unfortunate that this is the result because everybody turns towards the First Amendment and the establishment clause right around with the establishment cause sentence cause says is that.

The government shall make no law establishing a religion.

Com -- or prohibiting the free exercise thereof.

And here you have a group that's been doing this for many many years and now they can't do it because a group and atheists of you know when co -- all the permits to this display.

And you know it's really not what what the spirit of religious freedom in this country is all.

It's atheist group could do -- -- -- in the game here knew what they did.

Doug was they convinced a lot of people to file for -- permits these were groups that they even care about having to display but that the intention was to overwhelm.

The city of Santa Monica to the point that they created problems and that's exactly what happened delegate to back cancer -- -- guys now for fifty some years you had these nativity scenes.

Then an atheist group wanted to do it so the city -- first Rick went to a lottery.

Then as you just said they overwhelmed that -- at eighteen out of the 21 displays the atheist so then the lawsuit was brought.

And of course the normal lawsuit is the contents of the material is it too much entanglement with religion this wasn't really about that.

As you said this was administered the city said you know what we've had enough for -- everybody equally across -- coming out what happened we can't afford the -- thoughts are -- talk about we've got about a minute and a half fare so moving forward now this is this is -- a judge that's made.

Her decision.

One other remedies are available to the Christian group that wants to wants to continue the tradition.

-- that they may have some appellate rights immunity you know what wanna be the insisting argue that she might be able to make I don't know how far would go legally is that.

The atheists are kind of monopolizing this process and -- and it's not a fair process is that going in their -- -- all permits.

And I think the irony here you know -- is.

-- if you look at the the argument of the TS through the years and particularly these these pro activity is there's not talking about the average you know John Q citizen out there's a slob just -- -- -- right.

Did criticize religion is saying that it's divisive.

Volatile.

And kind of leads people into this irrational -- over.

They've become -- irrationally -- and billionaires stance against religion as religious people as believers -- you'll be a Jew Christian Muslim.

Are in there -- their promotion of religion so it hit it in taking this sort of Rory what I think is a rational approach.

They they've really become what they despise.

And it's unfortunate for everyone especially as we into the holidays season.

Doug if -- representing the Christian group and you're gonna go in front of the judge -- figure out some live appeal here what's your strategy well basically you know you can appeal -- decision the problem is the chronology for this year to probably go past the holidays by the way you know.

It lets you get some really quickly expedited appeal but basically the argument and I looked a little bit at the opinion is simply that.

You know it does promote entanglement ironically of their message right you know the atheist message is too entangled and therefore we want an equal right to display -- I -- but back to your point.

They really should limit the lottery application process make -- more equal if that's why described the dollar as an administrative situation men Italy the nativity back up please Republicans Thompson who -- -- has been such a long tradition it's a shame to see it you know how you're running up against a lawyer in the run up against the clock to -- there -- twelve all the -- -- by the -- That they can put in -- among guests all right good to thank you gentlemen my pleasure have a -- having Heather a pretty.

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