Happy Birthday to be allowed on 2009 recognition of holiday
Just one day after WND reported that rules for the 2009 Capitol Christmas Tree program prevented children from submitting decorations with themes such as Happy Birthday Jesus and Merry Christmas state and federal officials are confirming the policy has been rescinded.
WNDs report came after a letter was sent by the Alliance Defense Fund to officials in Arizona who are assembling thousands of ornaments from children for the annual holiday tree that is erected in front of the White House.
The change was confirmed both by officials in Arizona who have a steering committee to run the program and from officials in the office of the Architect of the Capitol who administer the program in Washington.
Jonathan Scruggs litigation staff counsel for the ADF had written a letter to officials questioning the propriety of limiting religious speech and a specific viewpoint in the decoration program.
The First Amendment does not allow government officials to exclude schoolchildrens ornaments for the capitols Christmas tree merely because they communicate a religious viewpoint he said.
Today Eva Malecki of the office of the Architect of the Capitol told WND the ban on religious speech on the ornaments was an old rule that had been discontinued some years ago.
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There was some old information that was somehow distributed she said. It is not the position of our agency. There are no restrictions on the ornaments.
She was unable to say how such old information had been resurrected and distributed to the steering committee in Arizona working on the program but she confirmed it was outdated.
That was old information improperly distributed. We have rescinded those guidelines she said. We apologize for any misunderstanding.
Jim Payne a spokesman for the U.S. Forest Service in the southwest region said the local organizing committee simply took the restrictions provided by the federal office regarding size and requirements for the decorations including the limit on religious speech and re-posted them.
Now the Architect of the Capitol has rescinded those. We already have removed the references to religious themes from the website. We will take all items that are sent in he told WND.
He said all of the decorations submitted will be forwarded to Washington and used on the tree this year.
He said when his staff got the list of restrictions at first there was some question over that particular limit but since the list came directly from Washington it was not challenged.
A check of the website promoting the program showed the restriction in fact was removed. Payne also said the Forest Service would respond to ADFs concerns.
ADF had raised the concern when it was contacted by a mother. Her child wanted to participate but felt excluded by a restriction that appeared to prevent submission of decorations with message such as Happy Birthday Jesus Merry Christmas and a manger scene.
The child desires to convey a message about Arizona from his religious perspective via Christmas ornaments. It is well established that expression of religious beliefs is protected by the First Amendment of the United States Constitution the ADF letter said. Religious expression is speech and is entitled to the same level of protection as other kinds of speech.
ADF said the tree itself is an 85-foot blue spruce that will be chopped down and hauled to Washington. Four thousand of the ornaments will be on the tree itself and 1000 will be displayed at other locations.
The Forest Service ornament program specifies ornaments need to be 9-12 inches tall able to withstand winter weather for three weeks include a loop of wire for hanging and be able to be seen 75 feet away.
Happy Birthday to be allowed on 2009 recognition of holiday
Just one day after WND reported that rules for the 2009 Capitol Christmas Tree program prevented children from submitting decorations with themes such as Happy Birthday Jesus and Merry Christmas state and federal officials are confirming the policy has been rescinded.
WNDs report came after a letter was sent by the Alliance Defense Fund to officials in Arizona who are assembling thousands of ornaments from children for the annual holiday tree that is erected in front of the White House.
The change was confirmed both by officials in Arizona who have a steering committee to run the program and from officials in the office of the Architect of the Capitol who administer the program in Washington.
Jonathan Scruggs litigation staff counsel for the ADF had written a letter to officials questioning the propriety of limiting religious speech and a specific viewpoint in the decoration program.
The First Amendment does not allow government officials to exclude schoolchildrens ornaments for the capitols Christmas tree merely because they communicate a religious viewpoint he said.
Today Eva Malecki of the office of the Architect of the Capitol told WND the ban on religious speech on the ornaments was an old rule that had been discontinued some years ago.
Get the popular Christmas Magnetic Bumper Sticker - This is America and I am going to say it: Merry Christmas
There was some old information that was somehow distributed she said. It is not the position of our agency. There are no restrictions on the ornaments.
She was unable to say how such old information had been resurrected and distributed to the steering committee in Arizona working on the program but she confirmed it was outdated.
That was old information improperly distributed. We have rescinded those guidelines she said. We apologize for any misunderstanding.
Jim Payne a spokesman for the U.S. Forest Service in the southwest region said the local organizing committee simply took the restrictions provided by the federal office regarding size and requirements for the decorations including the limit on religious speech and re-posted them.
Now the Architect of the Capitol has rescinded those. We already have removed the references to religious themes from the website. We will take all items that are sent in he told WND.
He said all of the decorations submitted will be forwarded to Washington and used on the tree this year.
He said when his staff got the list of restrictions at first there was some question over that particular limit but since the list came directly from Washington it was not challenged.
A check of the website promoting the program showed the restriction in fact was removed. Payne also said the Forest Service would respond to ADFs concerns.
ADF had raised the concern when it was contacted by a mother. Her child wanted to participate but felt excluded by a restriction that appeared to prevent submission of decorations with message such as Happy Birthday Jesus Merry Christmas and a manger scene.
The child desires to convey a message about Arizona from his religious perspective via Christmas ornaments. It is well established that expression of religious beliefs is protected by the First Amendment of the United States Constitution the ADF letter said. Religious expression is speech and is entitled to the same level of protection as other kinds of speech.
ADF said the tree itself is an 85-foot blue spruce that will be chopped down and hauled to Washington. Four thousand of the ornaments will be on the tree itself and 1000 will be displayed at other locations.
The Forest Service ornament program specifies ornaments need to be 9-12 inches tall able to withstand winter weather for three weeks include a loop of wire for hanging and be able to be seen 75 feet away.
