LETTER: ICLU’s position was misrepresented
December 8, 2003
The Iowa State Daily’s “In the Know” article from Wednesday, Dec. 3, “ICLU upset over courthouse Nativity,” regarding the Nativity scene displayed on the lawn of the Cedar County Courthouse, left false impressions about what really happened and seriously misrepresented the ICLU’s position.
Everyone should know the Establishment Clause of the Constitution prohibits counties from erecting a display endorsing one particular religion on their courthouse lawn.
Cedar County had created the appearance of unlawful endorsement by erecting a Nativity scene, a clearly Christian symbol, and the Iowa Civil Liberties Union rightly objected to this practice. But the ICLU also offered to “assist Cedar County in choosing a constitutionally appropriate method of celebrating the solstice holidays.”
At its meeting on Nov. 29, the Cedar County Board of Supervisors agreed to guidelines under which the courthouse lawn could be used as a public forum for First Amendment purposes.
The guidelines allow free-standing displays from any and all applicants on a first-come, first-served basis upon an appropriate application to the county. The guidelines appear to prohibit any official discretion in rejecting a display based on its content, including religious displays.
The guidelines also require prominent disclaimers indicating ownership, to avoid the appearance of endorsement by the County.
These facts would have accurately portrayed the ICLU’s complaint and the county’s response. If Cedar County enforces these guidelines, and requires a sign indicating ownership of the Nativity, the ICLU will likely have no difficulty with this or other displays now or in the future.
Aaron Fultz
Ames