Group to sue Harrison County over Nativity scene

The American Humanist Association will file a lawsuit against Harrison County over its refusal to remove a Nativity scene from inside a county courthouse, the group announced Tuesday.

The Washington D.C.-based organization had sent a letter to county officials last week asking they remove the display from inside the Gulfport courthouse.

The Harrison County Board of Supervisors voted on Monday to keep the display, which is erected by county employees each year.

"The Harrison County Board of Supervisors had an opportunity here to act on the concerns of a constituent and increase their inclusiveness," said Roy Speckhardt, the executive director of the American Humanist Association. "It's disappointing that they chose to not recognize the diversity of beliefs and waste the taxpayers' money fighting to keep a sectarian display that violates the law."

Tim Holleman, the Board's attorney, said the move was expected.

"So we're not surprised," he said. "We don't agree with them. Again, this is a display by county employees, it's really just freedom of religion and the board was not going to interfere with that."

The Supreme Court, in a pair of decisions in the 1980s, ruled that Nativity scenes may appear on public property, but only if they also contained secular symbols of Christmas, like Santa Claus and reindeer, or were accompanied by symbols from other religions.

In a letter to the association after the supervisor's unanimous Monday vote, board attorney Tim Holleman said he believed the county was complying with the law.

"The County will not interfere with the County employees' expression of their religious faith or with any other faith or non-faith employees who desire to celebrate their holiday in a manner that does not interfere with County business," the letter read.

Earlier this year, the group prevailed in a lawsuit against Baxter County, Ark., over a Nativity scene on the lawn of that county's courthouse.

A judge said the display violated the First Amendment. However, in that case the county had refused to allow a non-Christian group to mount its own display. The judge ordered Baxter County to either take down the Nativity scene or allow other groups to put up displays on an equal basis.

Holleman other religious or non-religious groups were welcome to use space in the courthouse.

County Administrator Pam Ulrich said someone had called her office asking permission to display a "Winter Solstice" poster near the Nativity. It was allowed.

The Board's Monday meeting was packed with people interested in the issue.

Six people spoke in favor of keeping the display; none spoke against.

This story was originally published December 15, 2015 at 12:01 PM with the headline "Group to sue Harrison County over Nativity scene ."