Victory! 50 Year Old Franklin County Courthouse Nativity Prevails against ACLU Challenge

"Religious speech is no less valuable and protected than non-religious speech under the First Amendment. These Freedom From Religion Foundation lawsuits against Franklin County and the local nativity scene were in retaliation against private citizens' exercise of their freedom of religious speech in a public forum."
(Franklin County, IN)—The Thomas More Society and the American Civil Liberties Union have filed a stipulation to dismiss a lawsuit challenging a nativity scene on the Franklin County, Indiana courthouse lawn. The suit, brought by the ACLU on behalf of the Freedom From Religion Foundation (FFRF) and the Satanic Temple, was the second such challenge filed in the past year by the atheist organization, FFRF, over the manger that's been displayed annually for 50 years. With the filing of this stipulation, all legal actions that had been pending in the United States District Court for the Southern District of Indiana against Franklin County are concluded, without attorneys' fees or any other costs to the county's taxpayers. (Photo via Thomas More Society)

"Religious speech is no less valuable and protected than non-religious speech under the First Amendment. These Freedom From Religion Foundation lawsuits against Franklin County and the local nativity scene were in retaliation against private citizens' exercise of their freedom of religious speech in a public forum," said Thomas More Society Associate Counsel Jocelyn Floyd. "We are proud to have resolved these legal cases without cost to the people of Franklin County."

In December 2014, the ACLU of Indiana and FFRF of Wisconsin sued Franklin County, trying to force the removal of the privately-funded crèche from the courthouse, where it has adorned the lawn each Christmas season for the past half century. Thomas More Society attorneys were successful in securing the right of Franklin County citizens to keep their nativity scene on the lawn through Christmas. The nonprofit public interest lawyers then assisted the county in formally documenting its courthouse lawn access policy, a process which resulted in the lawsuit's dismissal.

The ACLU of Indiana filed a new lawsuit against Franklin County on behalf of FFRF in March 2015, this one including the Massachusetts based Satanic Temple. The groups challenged the county ordinance requiring displays be sponsored by citizens of Franklin County. As part of a settlement, the county agreed to accept the designation of a local contact in lieu of requiring that sponsorship be wholly by citizens of Franklin County.

As a result of this most recent court action, this year's Christmas nativity scene on the Franklin County courthouse lawn is joined by other displays from local residents and churches, and the FFRF of Wisconsin.