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1310633 tn?1430224091

Does Texas need a 'Merry Christmas' law?

(CNN) -- Here we go again.

Christmas is upon us, and that means some people are getting sensitive about holiday greetings.

In modern-day Texas, however, residents are now statutorily permitted to use the greeting of their choice without fear of legal reprisal: "Merry Christmas," "Happy Hanukkah" or "Happy holidays".

State Rep. Dwayne Bohac helped last year to pass what is now known as the Merry Christmas law. He and the Texas Legislature wanted to ensure students could exchange traditional holiday greetings and display Christmas trees, menorahs and Nativity scenes at school, as long as more than one religion and a secular symbol are included.

Constitutionally, this protective legislation is not really required, and teachers can wish holiday greetings without fear of liability. On the other hand, this law may allay any fears state employees have about exercising their rights to merrymake on government property.

It feels like this sort of thing didn't happen 30 years ago.

When I was a kid, holiday greetings were the least of our worries. As kids, my brothers and I had other worries about what we'd hear during the Christmas season. We worried about hearing the voice of that Duffy kid down the street: His holiday greetings consisted of bad words and 70 mph snowballs.

We worried about hearing there were no presents this year because, according to Mom, "Santa" already spent all "Santa's" money on cartons of Virginia Slims. Comparatively then, we were not too worried about whether we heard "Merry Christmas" or "Happy holidays" at school.

Maybe we've run out of problems. Maybe it's because things are so much better now that we focus on that which never bothered us before. Or maybe it's because of a growing chasm of distrust between parents and school lesson plans. After all, this Texas statute was conceived by a legislator who was dismayed to hear his kids report on a "holiday tree" at school instead of a "Christmas tree."

Of course, the First Amendment probably already protects our nonsecular greetings anyway. The Texas ACLU's official position is direct, if not hyper-technical: "I think it's stupid," said Terri Burke, executive director of the American Civil Liberties Union in Texas. According to Burke, there is no "war on Christmas" and no real need for this law. She may be right -- legally, that is.

The Supreme Court cases in this area have focused less on greetings and more on the public display of symbols of the holiday season and whether they are in violation of the Establishment Clause (Amendment 1) of the United States Constitution. The Supreme Court recently observed that if a practice "touches upon" religion, it is impermissible under the Establishment Clause if it advances or inhibits religion in its principal or primary effect.

The court has held for some time that the Establishment Clause, at minimum, prohibits government from appearing to take a position on questions of religious belief, or from making adherence to a religion relevant in any way to a person's standing in the political community.

With that, some might argue that "Merry Christmas" is "taking a position"—specifically, an impermissibly Christian position on holiday greetings. But the Supreme Court reminds us what we've known for a while: Christmas celebrations can have a religious purpose, but they can also have a secular purpose.

As long as the state has not impermissibly advanced religion or created an excessive entanglement between religion and government, there is no strict requirement for complete separation between Christmas and state. The Supreme Court notes that Christmas is a holiday recognized by Congress and national tradition. When the state depicts origins of that holiday, it can do so, and have a legitimate secular purpose.

Legally, Christmas litigation always raises fascinating and important First Amendment issues. However, even this fan of constitutional law must concede that practically, perhaps we shouldn't be making federal cases out of whether kindergarten teachers can wear a Santa hat to class or hand out candy canes.

As much as it may be a compelling academic question, we have to consider the argument that we are frittering away our valuable court resources on these yuletide issues. (Then again, maybe determining the limits of the Constitution is necessarily a worthwhile, albeit costly, investment.)

Ultimately kids don't even care about "holiday trees," secular greetings and excessive entanglement. It's the adults: parents, teachers and legislators. Kids care about one thing: presents. Especially my 6-year-old nephews. They don't care if the wrapping paper reads "Happy Flag Day" or "Budweiser" (way to go, Mom). As long as there's a robot inside. And that's what Christmas is really about.

Wait a minute, that doesn't feel quite right either...

Ah well. Happy holidays, all the same.

SOURCE: http://www.cnn.com/2014/12/24/opinion/cevallos-christmas-greetings-law/index.html?hpt=ju_t2
6 Responses
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Avatar universal
I agree.  Its a gesture of kindness and should be taken as such.  Years ago when I was still in the bar business, I was working the door on the only Christmas we were open on Christmas day.  I met everyone with a Merry Christmas, and all too often was greeted by guests offering the kind gesture first.

A couple whom I guessing was in their mid 30's came through the door and I greeted them with "Merry Christmas" and a big smile.  The lady nodded acceptingly and the man just looked at me and entered the building.  No big deal really... a lot of people don't say anything, and that time of year we normally had an abundance of foreign travelers so I figured I spoke to someone who didn't know the language.

The guy comes up to me and says, "Why would you say that?".  I looked at him and said, "It's Christmas...."  The guy then asked me, "Do you just assume that everyone that comes in here is Christian?".  I answered, "I never assume anything.  I offered what I believe is a warm and professional welcome.  You don't need to accept, and in fact, the idea that you didn't say anything at the onset told me one of a couple of things.  Either you aren't Christian or you didn't speak the language.  If I thought you didn't speak the language and I tried to assume your ethnic background and welcome you in what I had assumed to be your dialect, would you have taken offense to that?"

The guy told me, "What ethnicity do you think I am?".  I said, "Its irrelevant.  I was trying to be kind to you and you have a problem with that.  Are you used to being treated badly or rudely?  I can oblige you if you wish."

The guy looked at me, getting more mad by the minute.  The guy said to me... "I want to speak to your f****** manager right now!" while poking me in the chest.  I smiled and said, "I am the f****** manager, and if you poke me in the chest or touch me in any other rude or insolent manner, I am going to beat your a** until the next holy holiday...."

He walked away.  Moments later his lady friend approached.  I thought, "I'm sure this will be entertaining" because as I looked over her shoulder, he was staring at me.  She kindly said, "I am sorry about my husbands behavior.  He is having a bad day.'  I accepted her apology, shook her hand.  She went on to tell me that they missed a flight and were supposed to be here the day before.  She also told me that they were indeed Christians and she had no idea where his attitude came from.... then she said that he was an attorney.  

I completely understood where they were coming from at that point.
Helpful - 0
649848 tn?1534633700
"Sacred trees and sacred groves were widely venerated by the Germanic peoples and scholars have linked this oak and others to the world tree in Norse mythology,"....


myth
miTH/
noun
noun: myth; plural noun: myths

    1.  a traditional story, especially one concerning the early history of a people or explaining some natural or social phenomenon, and typically involving supernatural beings or events.
    synonyms: folk tale, folk story, legend, tale, story, fable, saga, mythos, lore, folklore, mythology
    "ancient Greek myths"
        traditional stories or legends collectively.
        "the heroes of Greek myth"
    2.      a widely held but false belief or idea.


:-)
Helpful - 0
148588 tn?1465778809
Actually, Christmas trees commemorate an attempt by the 8th century Roman church to convert my peeps away from tree huggin', solstice celebration. True story.

http://en.wikipedia.org/wiki/Donar%27s_Oak

Y'all have a great one.
Helpful - 0
649848 tn?1534633700
"Bah, humbug!

A passenger was tossed off a plane at La Guardia Airport on Tuesday after flipping out — because airline workers wished him a merry Christmas.

The man was waiting to board American Airlines Flight 1140 to Dallas when a cheerful gate agent began welcoming everyone with the Yuletide greeting while checking boarding passes.

The grumpy passenger, who appeared to be traveling alone, barked at the woman, “You shouldn’t say that because not everyone celebrates Christmas.”

The agent replied, “Well, what should I say then?”

“Don’t say, ‘Merry Christmas!’ ” the man shouted before brushing past her.

Once on the plane, he was warmly greeted by a flight attendant who also wished him a “merry Christmas.” That was the last straw.

“Don’t say, ‘Merry Christmas!’ ” the man raged before lecturing the attendants and the pilot about their faux pas.

The crew tried to calm the unidentified man, but he refused to back down and continued hectoring them.

He was escorted off the plane as other fliers burst into cheers and applause.

American Airlines did not return a request for comment."

http://nypost.com/2014/12/25/plane-passenger-tossed-after-angry-reaction-to-merry-christmas/
Helpful - 0
206807 tn?1331936184
Has  Kwanzaa faded away? I haven't heard it mentioned one time this year.
Helpful - 0
1310633 tn?1430224091
You've got to wonder about people who get upset when you send them good wishes.

I'm not religious at all (as most of you know), but what's wrong with someone saying "Happy _______" or "Have a nice _______"?

A good wish is a good wish and is meant as a gesture of kindness.

Yet again, a few bad apples spoiling the whole bunch. I really with the "hard-core" atheists would STFU.

Merry Christmas, Happy Hanukkah, Happy Holidays, Happy Kwanzaa and Joyous Festivus to ALL of you!

(and to you hard-core atheists out there trying to push your personal agenda... stfu and mind your own business. you're making the rest of us look bad. hard enough for us to keep our head down and try flying under the radar without YOU making everyone hate us for YOUR stupid agenda. give it a rest already. the nativity is just fine the way it is. the dollar-bill is just fine the way it is. gov't buildings are just fine the way they are. live & let live, idiots).
Helpful - 0
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