A 63 year old tradition of a privately maintained nativity scene on a public median strip in Warren, Michigan ended following assertions that it violated the principle "of separation of church and state", but the ban is now being challenged as discriminatory.
A set of nativity statues that were donated to the area's St Anne Parish in 1945 were too large to be set up inside, so parishioners received permission from the Warren's village president to display it on the road median, the Catholic News Agency reports.
But the Road Commission received a complaint from the Freedom from Religion Foundation. The commission ordered the display's removal in December 2008. Permit to display the set this year has also been denied.
On October 23, the Ann Arbor based Thomas More Law Centre filed a federal lawsuit on behalf of Warren resident John Satawa, who is responsibile for the display, against the Macomb County Road Commission, the news report says.
The suit charges the Road Commission's restriction violates Satawa's First Amendment rights and his equal protection guarantee under the US Constitution's Fourteenth Amendment. The suit also charges that the commission's policy decision violates the Constitution's Establishment Clause by disfavoring religion.
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Lawsuit challenges new ban on 63-year-old Michigan roadside nativity display (Catholic News Agency)
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