Following the approval of a nativity display in Florida’s State Capitol rotunda–an area designated as a ‘public forum’–Chaz Stevens obtained approval to display a Festivus Pole also on the grounds. Constructed of empty Pabst Blue Ribbon Beer Cans and PVC pipe, the minimalistic monument is a reference to the holiday “Festivus” in the popular ’90s sitcom “Seinfeld.” Stevens told NPR’s Jessica Palombo that the move was a protest against the approval of the nativity display, saying “The government shouldn’t be in this business of allowing the mixture of church and state.” Read or listen to the full story here.
These two Constitutional provisions–mere words away from each other–are often polarized by conflicting agendas. However, this seeming “discrepancy” can be reconciled (at least in some cases) by recognizing the courts’ important distinction between public forums and nonpublic forums.This is perhaps one of the more amusing episodes in the endless controversy surrounding religious symbolism in and around public institutions–a subject of debate which often involves two elements of the First Amendment pitted against each other: the Free Exercise Clause versus the Establishment Clause (“Congress shall make no law respecting an establishment of religion . . .”). (more…)