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Cuccinelli weighs in on courthouse displays debate

Loudoun County’s controversial debate over public displays on the courthouse lawn now has the ear of Virginia’s top attorney.

State Attorney General Ken Cuccinelli on Aug. 24 issued an opinion saying Loudoun County can erect holiday Christmas displays on public property as long as the displays represent other faiths and beliefs.

The opinion came at the request of state Del. Bob Marshall (R-south-central Loudoun).

Marshall said he asked for the opinion at the urging of several concerned Loudoun County residents.

“If some of them [Loudoun Board of Supervisors] were thinking that they had to do this, they know now they don’t have to sweep the field clear of all holiday displays,” Marshall said.

Marshall has been busy requesting opinions from the state attorney general, with his most recent request on abortion clinic regulations answered last week.

He also asked Cuccinelli to weigh in on state policy regarding the police questioning of suspects believed to be illegal aliens.

In this case, Marshall asked whether Loudoun County, under state law and the U.S. and Virginia constitutions, is “compelled to prohibit holiday displays – both religious and nonreligious – on public property.” If not, Marshall wanted to know under what conditions such displays, “including those honoring the birth of Jesus Christ” are permitted.

Loudoun supervisors will return to the dais Sept. 7 to decide the fate of the county courthouse grounds.

The debate has drawn large crowds to government board meetings, who have protested any ban on religious displays.

Members of the board had mixed reaction to Cuccinell’s opinion, ranging from outrage to praise.

“I don’t recall the Board of Supervisors asking the attorney general for an opinion. He ought to stay out of local affairs and find more useful things to do with his time instead of wasting ours,” said Supervisor Stevens Miller (D-Dulles).

Supervisor Eugene Delgaudio (R-Sterling), a staunch advocate of displays on the courthouse grounds, welcomed Cuccinelli’s opinion.

“… I’ve been asking delegates and state officials to weigh in on this. I’m happy that state officials are weighing in on our right to religious freedom …” Delgaudio said.

Cuccinelli’s opinion only echoes what Loudoun supervisors already knew, said Supervisor Jim Burton (I-Blue Ridge).

“In our view, it’s a matter of all displays or none. You cannot discriminate based upon content,” Burton said.

At issue is whether the board should retain a public forum space on the courthouse grounds in Leesburg. The site during the holidays is home to religious displays such as Christmas trees, nativity scenes and menorahs.

The controversy started in December after the Courthouse Grounds and Facilities committee, a board-appointed citizens group, banned all displays from the lawn.

Committee members said they chose to ban displays at that time because the public forum was becoming messy and difficult to maintain, and there was not enough security on the grounds to patrol the area for vandals.

The committee conducted a nationwide survey of how other municipalities handled their courthouse grounds and sought legal advice before reaching a decision to ban displays, according to Ben Lawrence, chairman of the Courthouse Grounds and Facilities committee.

The committee is using the same arguments now in asking the board to go back to a full ban.

The rules now in place allow 10 displays on the lawn with applications to be reviewed on a first-come, first-serve basis.

In July, the ACLU of Virginia weighed in on the issue, asking the board to continue to allow displays on the courthouse grounds, saying it would take away one of the few traditional public forums left in the country.

But Rick Wingrove, president of the Virginia Chapter of American Atheists, said allowing all religious displays on the courthouse grounds,  while a legally sound move, is one that most communities have opted out of to avoid controversy.

Wingrove said he believes Christian groups are using the argument of an all-inclusive courthouse grounds to cater to their own needs.

“It’s not open openness or inclusion, it’s a work around,” he said.

To view Cuccinelli’s opinion, visit http://www.vaag.com/OPINIONS/2010opns/10-067-Marshall.pdf

Staff Writer Alex Withrow contributed to this report.

Comments

Actually, I want my constitutional rights protected!  Let me state the basis:  “Congress shall make no law respecting an establishment of religion, OR PROHIBITING THE FREE EXERCISE THEREOF ...”  That’s the First Amendment.  Then, on to the Fourteenth Amendment:  “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States ...”  What is about to happen, is the County of Loudoun wants to take legislative action to hinder my religious expression.  And before you get to hot under the collar, remember all those how argued that the Second Amendment only applied to a well armed militia, only to have the United States Supreme Court pull the rug out from underneath that one.  As to your comments about Stevens Miller, I agree.  That guy is an absolute idiot.


When will you guys who want to enforce religion through the government stop acting like your freedom of speech is being violated? If you guys want to put up Christmas lights at your house (as I do at mine—I’m a Christian, too), I’ll die defending your right to do so. But you want much, much more—you want the government to show obvious bias towards your religion. Cuchinelli is a religious-right grandstander, and he and Miller cook this stuff up together to play the media and blow their own horns—at government expense, I might add. Strange how all the folks who complain about government over-reach on economic issues change their tune when they want the government’s power to regulate everyone’s bedroom, front lawn, and church.


Just a thought, but I suspect everyone who cares about seeing the tradition of the displays on the courthouse green should appear at the Board of Supervisor meeting on September 7th.  I have no doubt that those opposed to a free expression, as demonstrated by wanting to see no displays on the courthouse green, will be out in force.  And do not be fooled by the claim on the “end all displays now” group.  They do not want a free expression, and they are not trying to protect the First Amendment.  It is only their “gut reaction” against religious displays.  So, make sure your voice is heard.


The American Civil Liberties Union, AG Ken Cucinnelli, Barbara Munsey, many others, including myself all say the same thing: no harm in allowing all points of view. It is a bogus issue about “security”. There is very little going on at that location that deputies can not handle routinely and it is insulting to the authorities who are responsible for this court to constantly bemoan the non-existent “security” issue as if they do not exist. And as far as controversy: nearly 700 people signed a petition for religious freedom for all and growing. A handful have come foreward to remove all religious freedom “at that specific location”. But nearly 700 petition signers say this is the spot—this public forum at the courthouse grounds—is worth fighting for. I agree.


All the gang seems to be here.  And yet, the same things are being said.  Clearly, fear mongering among those who don’t want displays at the courthouse grounds are well in attendance.  And yet, this governmental action effort is really all just a front, for a decision already made.  We have a majority on the Board of Supervisors who cares nothing for the view of the people.  They fear controversy, and lawsuits.  Each will have their turn.  The publics turn will come next year, in November.


Yes, Barb, IMO, the manner of your commenting is very (often, I won’t say always, nothings absolute) much meant to paint your opposition in a poor light and make their points of view appear as improper, immoral, “liberal”, or any other category that is less than your own. And by using odd sentence structure, single word statements, and quotes from books, movies, or speeches that may be part of your everyday world but not so much mine or the plain-folk on the comment lines, it is all meant to place you in a position of superiority over those whose ideology you oppose.

Or maybe I’m just too dumb to understand.

Okay.

not lol’ing.

And sorry to everyone else, this has nothing to do w/ this article’s topic, Barb and I are just doin’ some light sparring, warming up for campaign season :).


Interesting that you assume not only that I want to make everyone feel small somehow, but that you also assume most people don’t know anything about 1984 and doublespeak, because it is “high-falutin’”

But don’t shut up.

Okay.

lol


Barb, I would never tell anyone to shut up on a message board or comments page, because that’s why it exists - to give people a voice, to vent, cry, b*tch, demonize, criticize, and ostricize. But, Oceania and Eastasia? Come on. Trying to belittle someone with obscure references that breeze over most folks heads, with the intent of making everyone on here (and not just your intended target) feel dumb and lowly. That’s all. Like I said, you now have your own by-line editorial on Loudouni where you can use your high-falutin (I have no idea how to spell that, and am not sure if it’s even a real word) vocabulary skills to spar with Mr. Miller, Weintraub, or any other enemies of the mind that you’ve made. But, my NOOO means, shut up - you are responsible for at least a quarter of the LoCo comment world!!


All of you men need to get a life or a real job!If people want to put up holiday scenes then they should do it in their own yard. Leave the courthouse lawn alone. You act like a bunch of idiots, fighting over something that really doesn’t belong to any of you


ordinary guy, are you honestly confused about something, or are you just adopting a pleasantly self-deprecating tone in telling me to shut up?


I can’t wait to see the Flying Spaghetti Monster with a Santa hat on in front of the courthouse this year.  Right next to the Festivus pole.


Babs, you are just too quick-witted and clever for your own good. How about keeping that to your column on loudouni, and using plain-speak here with the imbeciles beneath you on the comments page. T’anks.


What is up with the weekly Cuccinelli article in all the local papers. He picks a new polarizing social issue every week to thrust himself further into the limelight while advancing his far right agenda. Last week it was abortion, this week church and state, next week could be gay marriage, but I think he already did that three weeks ago.  And what is up with his little tag team show with Marshall?  Every week he is just responding to an inquiry from Delegate Marshall, like they do not have that down to a finely timed pas de deux. Is this part of a larger conspiracy?


Virginia’s AG is grandstanding social conservative with national aspirations.  Wants’ gov’t off our backs (except he wants gov’t in our bedrooms).  Cuccinelli is a national embarrassment.  He appeals to the wing nut fringe of the Republican Party.  The rest of country just looks on and says what the ….  He is the worst kind of public official.


Jonathan, as usual you are hilarious in doublespeak mode.

If we let everyone speak, we “lose our freedom”?  Nice one.

In addition, if everyone speaks, we’d have a “free for all”?  Horrors!

Nice of you to show up and defend Mr. Miller’s profoundly stupid quote in the article (and Mr. Miller, re your “explanation”, have you ever heard the one about stopping digging when you’re in a hole?  I notice it was okay for you to threaten to bring in the FTC when you lost the hospital vote, but I digress), but you can’t have it both ways Jonathan, even in your preferred state of “I’m Okay, You’re Not”.

If we are to protect individual freedom, we must protect the ability of all to express their opinions, whether we personally agree or not.

Allowing freedom isn’t abridging it, and a free for all is just that:  free.

(And is Oceania still at war with Eastasia?  I forget.)


The point is that as Supervisor Burton says, it’s all or nothing, and if you’ve been to the public hearings, *all* will be an all out culture war.  Our county Supervisors may well decide not to arbitrate that culture war, and for fiscally conservative taxpayers, that’s probably the best solution.  Cuccinelli should not be pressuring local government bodies into wading into this area.  Here is what American’s United said in their press release:

=============================
August 25, 2010

Virginia Attorney General Ken Cuccinelli’s advisory on Christmas Nativity scenes and other religious displays on public property is deeply misguided, says Americans United for Separation of Church and State.

Cuccinelli, in an official opinion issued Aug. 20, said local governments and government employees may erect religious displays under certain circumstances. The opinion downplayed church-state separation and emphasized government accommodation of religion.

Said the Rev. Barry W. Lynn, Americans United executive director, “This opinion reads more like an op-ed than a legal advisory. Cuccinelli is encouraging local governments to wade into a deeply controversial arena of the law without adequate guidance.

“This is almost certain to lead to bitter community divisiveness,” Lynn continued. “It is a green light to Religious Right activists to cajole local officials into erecting sectarian displays on public property. Unless local officials are extremely careful, this is likely to lead to lawsuits.”


Sam:

I agree - many conservative Christians are far too uptight and incapable of being cool, calm, and collected when it comes to discussing their pet issues.  Unlike you, right?


Gee, asking Cuccinelli for an impartial opinion is ludicrous.  He’s positioning himself as the voice of the religious right and has been ridiculed in national media for his backward and overly conservative views.  There is no way he is impartial on this issue and his opinion means NOTHING in regards to avoiding lawsuits.

Mr. Marshall got the exact ruling he expected and wanted on this issue.  What is so hard to understand about government not promoting religion?  There is no need for a religious or any kind of holiday display on government property.  Let the merchants decorate the street and let the churches do whatever displays they deem appropriate.  What is this innate need for Christians to push their religion on other people and act all offended when someone asks them to stop?


And that, folks, is what you call peeing in someone’s cornflakes.  Nice one, KLB.


Mr. Miller,
Would you prefer that Mr. Cuccinelli wait until some person or group files a lawsuit and then we waste taxpayer dollars to defend that? Or perhaps you didn’t read the part where it says that he did this at the request of our state Delegate, or maybe it’s just another example of a local politician trying to puff up his chest and say “look at me, I have power”. Our attorney general is doing a fantastic job at protecting our rights and heritage for the Commonwealth and having someone as inconsequential as you question what he is doing is an absolute joke.


The statement attributed to me is a bit mistaken. I did not say, “He ought to stay out of local affairs and find more useful things to do with his time instead of wasting ours.” What I said was, “He ought to stay out of local affairs and find more useful things to do with his time and the taxpayers’ dollars.” However, I can agree with either version.

Stevens Miller
Dulles District Supervisor


Why is Delegate Marshall wasting the AG’s time on this county question?  Supervisor Burton pegged it.  “Cuccinelli’s opinion only echoes what Loudoun supervisors already knew”. This is why government is bloated and wasteful.  Instead of solving problems, ideologically obsessed perpetual candidates continually press hot-button social buttons over-and-over again or they use the government to socially engineer our thoughts and behaviors.  With Cuccinelli and Marshall in office, we’re losing a little bit of our freedom each and every day.

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