Nativity scene lawsuit dismissed this week

By Michael V. Hannigan

Five years later, it’s over

The nativity scene fight that rallied thousands to the Henderson County Courthouse lawn in 2011 ended quietly in a courtroom this week.

Patrick Green’s lawsuit against County Judge Richard Sanders was dismissed Tuesday in the 3rd District Court.

The Freedom From Religion Foundation first protested the nativity scene in 2011, sending a letter to Commissioners Court saying, “We request that, as the Henderson County Commissioners, you take immediate action to ensure that no religious displays are on city or county property. Please inform us in writing of the steps you are taking to remedy this First Amendment violation so that we may notify our complainant.”

Commissioners refused, and the controversy gained national attention with then-Attorney General and now Gov. Greg Abbott vowing to help defend the county.

A year later, San Antonio atheist Patrick Greene added his threats of a lawsuit to the controversy.

After years of threats, Greene finally filed a lawsuit against the County Judge in 2014, saying Sanders, “abused his position as judicial head of Henderson County, by giving official governmental permission to private citizens to display this Christian Nativity scene. This also violated Article 1, Section 6 of the Texas Constitution; ‘No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by lay to any religious society or mode of worship.’”

No action was taken in the case after it was filed except for this week’s dismissal.

When asked about the County’s defense of the nativity scene from outside criticism, Sanders said: “We did it correctly and we did it lawfully and I think that’s why today we’re able to have our nativity scene out there where it belongs.”