A federal judge has ruled that Gov. Greg Abbott was wrong to remove a mock nativity scene what was placed on the grounds of the Texas Capitol in 2015 by an atheist group, News Radio 1200 WOAI reports.
The Wisconsin-based 'Freedom From Religon Foundation erected the nativity scene, which featured the Founding Fathers as 'the Wise Men' and the Bill of Rights standing in for the Baby Jesus in the manger to protest the erection of a Christian nativity on the capital grounds.
Abbott, in his role as a member of the board that governs the operations of the State Capitol, declared the display to be 'juvenile' and ordered it removed.
In a 24 page ruling, U.S. District Judge Sam Sparks ruled that Abbott violated the free speech rights of the FFRF, and engaged in unconstitutional 'viewpoint discrimination.'
"If Gov. Abbott's request to to remove the exhibit was motivated by the exhibit's viewpoint, Gov. Abbott violated FFRF's clearly established First Amendment right to be free from viewpoint discrimination in a limited public forum." Sparks wrote.
The FFRF issued the following statement:
"FFRF Co-President Annie Laurie Gaylor praised the ruling as a very strong decision for FFRF, for free speech and for the rights of nonbelieving citizens. "We'd rather keep divisive religious — and irreligious — views out of state capitols. But if the government creates public forums, and permits Christian nativities in them, there must be room at the inn for the rest of us."
IMAGE; FREEDOM FROM RELIGION FOUNDATION