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In historic first, Nativity scene goes on display at US Capitol

Event marks end of years-long legal battle

The Capitol Christmas tree is seen on the West Front of the U.S. Capitol in Washington, D.C., on Dec. 21, 2023. The tree is a 63-foot Norway spruce from West Virginia's Monongahela National Forest.
The Capitol Christmas tree is seen on the West Front of the U.S. Capitol in Washington, D.C., on Dec. 21, 2023. The tree is a 63-foot Norway spruce from West Virginia's Monongahela National Forest. | Mandel Ngan/AFP via Getty Images

For the first time in history, a Nativity scene was displayed on the steps of the U.S. Capitol Tuesday, marking what organizers say is a milestone for religious freedom and the First Amendment.

The display, accompanied by prayer, Christmas carols and a reading of the Christmas story, was made possible by a landmark federal court decision that granted Rev. Patrick Mahoney and his supporters the right to peacefully celebrate the Christmas season on Capitol grounds.

Held on the southeastern steps of the Capitol, the display was the culmination of a legal battle that began over a decade ago when Mahoney, director of the Washington, D.C.-based Christian Defense Coalition, faced repeated threats of arrest for his attempts to read the Christmas story from the Bible and hold a Nativity display at the Capitol Christmas tree.

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On Wednesday, Mahoney shared his gratitude for the chance to share the message of Christmas in such a politically significant location.

Sue Dorfman, a photographer for ZUMA Press, captured the moment with an image of the Nativity scene at the Capitol.

Mahoney wrote on X: "7 months ago, we would've been arrested for having this Nativity Display on the steps of the US Capitol. However, we won an historic federal lawsuit through the incredible work of the Center for American Liberty which allowed us on the steps!"

In his post, Mahoney tagged civil rights advocate Center for American Liberty Executive Director Mark Trammell and Harmeet Dhillon, a California civil rights attorney nominated by President-elect Donald Trump for a similar role at the U.S. Department of Justice.

In a statement, Mahoney offered his gratitude for making history.

"We are so very thankful for the opportunity to share the joyful and powerful message of Christmas at the steps of the U.S. Capitol," Mahoney said. "In a hurting and wounded world, there is no more redemptive and healing message than the Christmas story."

The road to this historic moment was paved by Mahoney's 2022 federal lawsuit, which challenged the Capitol's restrictions on public demonstrations. Despite the federal government's resistance, Mahoney argued that the U.S. Capitol — a place symbolic of democracy and freedom — should be a space where all Americans can exercise their First Amendment rights, including the freedom to express religious beliefs.

In his lawsuit, Mahoney stated, "The 'People's House,' as the U.S. Capitol Building is so rightly called, must be a place where all Americans are afforded the right to come and peacefully celebrate and express their First Amendment rights. Tragically, those rights and freedoms are being denied and prohibited."

He contended that while lawmakers, media, lobbyists and tourists were free to enter and use the Capitol grounds, his own request for a peaceful demonstration was denied. Mahoney had sought permission to hold a Good Friday service, praying for peace, religious freedom and the healing of nations.

In May 2024, the U.S. District Court for the District of Columbia ruled in Mahoney's favor, declaring the Capitol steps to be a public forum where peaceful demonstrations could no longer be prohibited. This decision set a precedent that ensured the steps of the Capitol could be used for public expressions of religious faith, including the display of a Nativity scene.

"This is also a significant victory for religious freedom and the First Amendment," Mahoney said in a statement. "This event has ended and won the war on Christmas in the public square. For if Christmas can be celebrated and displayed in the most powerful public square in America, it can be celebrated publicly everywhere."

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