Judge: Courthouse nativity scene violates First Amendment

A federal judge ruled on Thursday that Baxter County in Arkansas violated the First Amendment by displaying a nativity scene on courthouse grounds. 

Judge Timothy L. Brooks decided in favor of the American Humanist Association (AHA) and Mountain Home resident Dessa Blackthorn in the Nativity scene case against Baxter County and County Judge Mickey Pendergrass. Blackthorn said the issue began when Pendergrass denied a request to place a "Happy Winter Solstice" banner on the courthouse lawn in 2013.

Blackthorn, a local business owner, and the AHA filed the lawsuit December 2014. Blackthorn contends the issue concerns equal representation on courthouse grounds.

In an opinion and order written by Brooks, Blackthorn suggests that county government has established Christianity as its preferred religion by displaying the nativity scene without displaying other holiday celebrations, predominantly secular or representative of other faiths.

"This wasn't done to try to take anything away from anybody; it was to include all of the citizens of Baxter County in their holiday beliefs," Blackthorn said Thursday.

Blackthorn says it's now up to the county to decide if it will allow other displays or none at all on courthouse grounds. "There are so many different beliefs and I think everybody needs to be included," Blackthorn added.

Gallery: Nativity scene at the Baxter County Courthouse 

According to a judgment signed by Judge Timothy L. Brooks, the court declared that the Nativity scene on the Baxter County Courthouse grounds was displayed in violation of the First Amendment. The court also awarded nominal damages and injunctive relief to the plaintiffs.

The judgment offers two options to the county. The documents say Pendergrass must either "refrain from placing any religiously sectarian seasonal display on the courthouse grounds" or "create a public forum on the courthouse grounds for a seasonal display open to persons of all faiths as well as of no faith, without discrimination on the basis of viewpoint."

Pendergrass declined to comment to on Thursday's judgment, and a phone call placed to Pendergrass's Little Rock attorney, Jason E. Owens was not returned Thursday.