Today, in the United States District Court in San Francisco, California, the ACLU has filed suit against the United States over the holidays that are designated as federal holidays where the federal government is closed. They argue that Christmas is the only religious holiday on the list and that it does not recognize religious holidays of other religions and it leaves out atheists.
The suit, filed by the ACLU on behalf of several San Francisco plaintiffs, states that those individuals were unfairly discriminated against because they either would not get their religious holiday off or that as atheists, they were given second billing.
Federal holidays are set by 5 U.S.C. 6103 and for 2007 there were ten designated holidays. Many are rather neutral such as Independence Day, New Year's Day, and Thanksgiving. However, Christmas is the only religious holiday where the federal government is closed and its employees get a paid day off. The effect of the lawsuit would be to strike Christmas as a federal holiday and to force the government to stay open on that day.
The suit was originally the idea of Charles Rust-Tierney, the former head of the Virginia chapter of the ACLU and the filing of the suit was the culmination of years of work. Tierney was unavailable for comment because he is currently serving seven years for possession of child pornography. The plaintiffs, who include Richard Dawkins and Christopher Hitchens, released a statement saying, "Christianity is the source of most if not all of the suffering in the world. The federal government recognizing this holiday is akin to celebrating holidays lauding the Holocaust. Prefabricated man-made religions have no place in a civil society."
The suit will likely spark outrage from Christian and other conservative groups who will see this as another chapter in the left's "War on Christmas". Previous years have seen organizations targeting schools for Christmas plays and targeting cities for having nativity displays. The suit to end federal recognition of Christmas marks an escalation in the culture wars. Bill O'Reilly is said to be planning to devote ten minutes of his nightly news show every day until New Year's to air his grievances on the culture wars.
Article comments
— go to most recent comments1 - Amanda Bittle
Christmas is a Christian holiday? That's not what they told me at the mall last week.
2 - Matthew T. Sussman
I thought the Sixth Amendment guaranteed our right to sol invictus?
3 - Mat Brewster
I won't say they don't have a point, but if you're going to make a stink about it why fight for the removal of the holiday? It's smarter to fight for the other religions to get a special holiday off and let the atheists take a floater.
More days off = good. One less holiday = more work = who wants that?
4 - Dr Dreadful
Christmas isn't now and never really has been a Christian holiday. It was arbitrarily slapped down at the end of the year by the early Church in order to compete with pagan winter festivals. It wasn't even a big deal until the Reformation because there were three or four religious holidays or feast days a month, of which Christmas was just one. As observation of the others was gradually abandoned, the focus shifted to this one day because after all, even pious Christians have got to have a really good piss-up at least once a year.
Theologically speaking, Christmas really isn't that big of a deal. So Christ was born - well, duh. The most important Christian holiday is Easter*, because what happened then is the absolute core of the faith.
* Although that was also timed to elbow out those naughty pagan fertility festivals.
5 - Dave Nalle
I thought the Sixth Amendment guaranteed our right to sol invictus?
No, that's the 2nd Amendment. The 6th Amendment guarantees our right not to be immolated in the fires of the Molochites.
Dave
6 - bliffle
End christmas? Good riddance! More depression, suicide, drunkenness, etc., than any other time of year. Everyone has such high hopes for happiness at xmas that it can't help but disappoint. With such anxiety who wouldn't seek refuge in death or drunkenness? I even know one person who found it convenient to escape from xmas by refusing to pay a traffic ticket and ended up spending 4 days in jail, safely away from xmas, tho with a murderer as cellmate. Oh well, can't have everything.
7 - Franco
The ACLU case, as I understand it, proposes taking Christmas off the list of Federal Holidays, which would then stop federal and state employees from taking a holiday and getting paid. It would not stop companies or individuals from this holiday.
Some extenuating thoughts worth noting..
First, I wonder how Canadians feel about this, they do one better then the US, they not only list Christmas as a holiday in the Canada Labour Code, they also list the day after Christmas called "boxing day" in the Canada Labor Code as a holiday. Boxing Day is also a holiday celebrated in the United Kingdom, and most other Commonwealth countries on December 26, the day after Christmas Day;
How would the US adjust to everyone nation state that has Christmas in the labor codes. Or do they have to change too.
Second, the entire modern world's governments recognize December 25th as a holiday. The list of countries is vast.
Third, the entire modern world’s governments calendar system is based on Christianity. 2007 AD. Sometihng worth noting the next time to write a check and date it.
I would venture to say that the vast and clear majority of people in the US do enjoy Christmas. That would include federal employees. And one of the biggest joys of Christmas are the children and the magic time it is for them.
The former head of the Virginia chapter of the ACLU, one Charles Rust-Tierney who is bringing this suite against Christmas is currently serving seven years for possession of child pornography, his disregard for the emotional well being of children seems to permeate his life.
They say Rust-Tierney had video showing, among other things, the sexual torture of infants and toddlers. The judge said she’d never heard of child pornography that vile and said because of that, Rust-Tierney would stay behind bars until his trial.
Rust-Tierney told the judge that he viewed child porn as a way to escape "despair" in his personal life.
In other words it make him happy and satisfied.
Federal prison is where Rust-Tierney is for being happy and satisfied with veiwing children suffering torture, and the federal government is whom he is attacking with this case, which has far reaching international ramifications.
.
How about this. When Rust-Tierney is released from federal prison, he will be watched by law as a child pretitor and must file with the state and community weere he chooses to live. That’s all well and good, but lets take it a step further. Rust-Tierney should be incarcerated for 24 hours each and every December 25th for the rest of his life. That way we can celebrate his quarantine away from all the children of the nation while that are filled with exuberant joy which would only cause Rust-Tierney such ”despair”. I think that balances it all out. Isn’t that what the blind folded women holding the scales up in front of the court house all about?
Rust-Tierney Child Porn Case
8 - Michael J. West
Franco,
Perhaps you missed the word "satire" at the beginning of the headline....
9 - Ray Ellis
Judging from the thread, I don't think Franco's the only one who missed the caveat.
Gotta say this for you, John. I believe you've finally nailed satire.
10 - Dr Dreadful
Gotta say this for you, John. I believe you've finally nailed satire.
Well, yes, in the sense that the British magazine Private Eye has nailed it (albeit with a lot more style), by walking and often crossing the line between satire and libel.
But this ain't The Onion, that's for sure...
11 - Ray Ellis
Hey now, Dr. D-- I didn't say it was great satire, but at least the lad's working on it. Mind you, I disagree with the premise of it, but it does display a bit of humor. What I like is that people took it seriously. As Frank Zappa once said, "Americans don't get satire."
12 - Dr Dreadful
Zappa was generalizing (or perhaps he was himself being satirical?). Americans, given the right training, are as capable of understanding and exercising satire as anyone else. Indeed, some of the best satirists have been American: James Thurber, Stephen Leacock and Ogden Nash are just three who spring to mind.
13 - handyguy
And if many readers think this is a news or opinion piece about a real lawsuit, John B probably doesn't mind at all. Really low-aiming stuff [as usual].
14 - Ray Ellis
What?-- no Mark Twain?
15 - Dr Dreadful
Him too.
16 - Ray Ellis
Oh-- and let's not forget one of my personal favorites, Ambrose Bierce. The fact remains that the majority of Americans want viewpoints spoonfed to them.
17 - Dr Dreadful
On the other hand, to illustrate that even the greatest Americans have sometimes not 'got' satire, witness Teddy Roosevelt's irascible reaction to Charles Dickens's obviously satirical portrayal of America in Martin Chuzzlewit.
18 - handyguy
I hope all this talk about genuine satirists helps put this dismal piece in its place....rather than elevating it.
19 - El Bicho
"Perhaps you missed the word "satire" at the beginning of the headline...."
To be fair, the article wasn't published with "satire" in the headline. It was added later by another editor.
20 - RJ
This is labeled as "satire" yet it seems entirely realistic. Am I missing something?
21 - RJ
Reading through the comments, I can only assume that this isn't a real lawsuit?
In that case, this is damn good satire!
22 - Will H
It may be satire, but it is innaccurate in it's premise.
Christmas is not the only Religious holiday on the Government list.
Who do you think we "give thanks" to?
"Whereas it is the duty of all nations to acknowledge the providence of Almighty God, to obey His will, to be grateful for His benefits, and humbly to implore His protection and favor; and Whereas both Houses of Congress have, by their joint committee, requested me to "recommend to the people of the United States a day of public thanksgiving and prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God, especially by affording them an opportunity peaceably to establish a form of government for their safety and happiness:" - George Washington 10.3.1789
That is the beginning of the proclamation establishing Thanksgiving, So get ready to cancel Thanksgiving too...
23 - Michael J. West
Of course it's a mistake to lump Christopher Hitchens in with "the left's 'War on Christmas'," considering Hitchens has disowned the political Left, supports the war in Iraq, and endorsed George W. Bush in 2004. (Plus, we on the left don't want to be associated with him; he's a egotistical jerk.)
But hey! Satire gives one license. ;-)
24 - handyguy
El Bicho: To be fair, the article wasn't published with "satire" in the headline. It was added later by another editor.
Good grief. Enough said. JB is shameless, to put it very mildly.
25 - handyguy
As the Christmas season approaches each year, the ACLU finds it necessary to re-post two articles on its web site from 2005, to rebut completely false and fictional stories about its supposed campaign to suppress or outlaw Christmas festivities.
A lot of this came about because of Fox News/Bill O'Reilly's despicable, pandering "War on Christmas" series of stories in 2005. But John Bambenek has done his share of damage as well, with previous stories that were not labeled satire but were in fact no less fictional and distorted.
The ACLU is a wonderful organization that does a lot of great work. If those [mostly on the right] who use it as a favorite sliming target would bother to read up on the actual cases the ACLU is working on, they might find to their surprise that they agree with most of the efforts.
Of course, this is not as much fun as rousing the rabble by writing more lies.