cross and clouds
Written by Don Byrd

Governor Rick Perry (R-TX) signed into law last week a bill that protects students, teachers and school officials who use “Merry Christmas” or “Happy Hannakuh” greetings.

The San Antonio Express-News has more:

House Bill 308 by Bohac and Sen. Robert Nichols, R-Jacksonville — dubbed the “Merry Christmas bill” by some backers — specifies that a school district may allow students and staff to offer “traditional greetings” associated with winter celebrations, specifying they include “Merry Christmas,” “Happy Hanukkah” and “happy holidays.”

The new law also says a district may display scenes and symbols including a menorah, nativity scene or Christmas tree if the display includes a scene or symbol of more than one religion, or of a religion and at least one secular symbol.

It says the display may not include a message that encourages adherence to a particular religious belief.

While the law is designed to relieve school officials of anxiety over church-state litigation, are there examples of actual lawsuits filed over the mere use of those phrases in school?  Problems arise not when students say “Merry Christmas,” but when public schools are used to celebrate a particular religious holiday and give the impression that the school endorses or is affiliated with the religious view expressed in the celebration. Taking reasonable steps to protect against that danger makes sense. And is probably good manners.

If school officials do go too far into expressions of support for a religious view, in violation of the First Amendment’s church-state separation requirements, no state legislation can prohibit litigation. Not even in Texas.

You can read House Bill 308 here.