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They could pull the same bullshit they did with the Pledge and the Motto, saying that they were culturally relevant and had no religious effect because nobody takes the pledge or the motto that seriously. "Nativity scenes have a long tradition in local govern buildings yadda yadda christofascism."
The fact that the supreme Court can use that argument is insane. Is not washing our hands before surgery American tradition? Is slavery American tradition? Just because we've done something before, doesn't make it legal in any other topic area.
Americans also just renamed some of their Christian holidays in order to pretend that there's equality. My daughter still has to do homework during Chanukkah every night but gets the week of Christmas off but now the same exact vacation from school is called "winter break" so it's totally "not religious now."
Was just thinking about this with my college, as finals week is during Chanukkah. I don't think concessions should be made for any religion, but it's definitely a blatant sign that christians think they are more important than everyone else and that it's essentially already the state religion in the US.
That would be an argument for not putting the statue up, not a solid case that a random citizen has the right to destroy the property. The statue was up and he has the right to petition or sue for removal, not to take it into his own hands even if the statue was up illegally. But I’m not a law person so I could be off the mark.