Nativity Scene Stirs Debate Over Religious Symbols on Public Property

A small nativity scene located near the state Supreme Court building in downtown Brooklyn is stirring the holiday season debate over the placement of religious symbols on public property.The colorful depiction of the three kings surrounding the baby Jesus rests on a slice of Columbus Park along Court Street, just west of the courthouse and north of Borough Hall. The scene, along with a “Merry Christmas” sign, was placed there by the Kings County chapter of the Catholic Lawyers Guild.The display has sat near the courthouse each year since 2002, the former president of the lawyers guild, Thomas FitzGerald, said. The guild has successfully applied each year for a special events permit from the Parks Department, and has never received complaints about the nativity scene, Mr. FitzGerald said. “I’ve only heard good things about it,” he said. “People should be aware that it’s not state-sponsored in any way.”A spokeswoman for the city’s Parks Department, Dana Rubinstein, said requests for permits for religious purposes are treated no differently than other requests, although the department generally notifies nearby public buildings as a courtesy.The issue of religious displays on government property has drawn increased notice after the U.S. Supreme Court earlier this year upheld the placement of the Ten Commandments outside the state capitol in Texas but ruled that framed copies of the Commandments inside two Kentucky courthouses violated the Constitution’s prohibition on establishment of religion.A former head of the New York Civil Liberties Union, Norman Siegel, said the nativity scene would be problematic if the government had paid for it and if the display did not also include secular aspects.“If the government paid for it, and it’s in front of the building, then it’s unconstitutional,” Mr. Siegel said.Opinions of passersby about the display were divided on a recent afternoon. Some said it was appropriate for the holiday season, while others questioned the exclusively Christian display, which is close to the large Christmas tree next to Borough Hall.“If there is a Christian exhibit, we should have a Jewish one and a Muslim one too,”a resident of Brooklyn Heights, Ann Morrell, said. “I think we should add the other ones for inclusion.”Another resident of Brooklyn Heights, Mardi-Ellen Hill, disagreed. “It doesn’t bother me,” she said. “It’s a public space.” Ms. Hill noted that the nativity scene was across the plaza from the courthouse. “If it was right there on the courthouse steps, then it would be an issue.”The president of Brooklyn, Marty Markowitz, weighed in on the debate by noting that that the borough recognized not only Christmas, but it also erected a large menorah each year for Chanukah and put up a banner for Ramadan. “We have no problem with the nativity scene because other religions also share nearby space,” Mr. Markowitz said in a statement.

Nativity Scene Stirs Debate Over Religious Symbols on Public Property

Nativity Scene Stirs Debate Over Religious Symbols on Public Property

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