The United States Law Week

Texas Faces New Claim in ‘Bill of Rights Nativity Exhibit’ Fight

April 3, 2020, 10:49 PM

A group advocating for the separation of church and state can pursue a claim that Republican Gov. Greg Abbott of Texas and another state official unconstitutionally blocked it from displaying a “Bill of Rights nativity exhibit” in the Texas Capitol building, the Fifth Circuit ruled Friday.

The Freedom From Religion Foundation can ask for prospective court orders, but not retrospective relief, the appeals court said, overturning the lower court in the complex First Amendment case.

The state allows private citizens to put up displays in the Texas Capitol if they serve a “public purpose,” according to the court. The Texas...

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