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Mayors defy nativity ban

Courts unsure if scenes are religious or cultural, and some mayors are defying their own association's ban

THE MAYOR of Béziers will inaugurate a nativity scene at the town’s mairie after winning a controversial court battle and in defiance of a ban by the national association of mayors.

The Ligue des Droits de l’Homme had wanted to see such scenes banned from town halls in France, as they believed they represented a religious symbol and were legally banned from government buildings.

Mayor Robert Ménard, who was elected as an independent with support from several far-right groups, had argued that the scene was not religious, but cultural.

Mr Ménard, who was recently criticised for compiling a list of Muslim children in his commune and posing in front of a poster of a pistol saying it was the new best friend for the police, told L’Express magazine that he is not religious and that the crib is cultural because “our country has a Christian culture.”

Although the Association des Maires de France has advised mayors that they should not display nativity scenes in their buildings, a few seem willing to defy the ban.

France’s 1905 law, which sets outs the lines between religious, state and public spheres, says: “It is forbidden to put up or set up any religious symbol on public monuments or in public places other than in buildings for worship, tombs, cemeteries, as well as in museums or exhibitions.”

However, recent court cases have given conflicting results when interpreting the law.

A court in the Vendée has also upheld the installation of a nativity scene in the buildings of the Conseil Départemental, but at Melun, near Paris, there will be none this year because the Cour administrative d’appel has ruled that it shows the birth of Jesus and must be regarded as a religious symbol rather than a traditional decoration.

A spokesman for the Melun authority, Jean Laussucq Dhiriart, said they would respect the ruling but planned to appeal and that clarification was urgently required.

“The 1905 law was not designed to apply to this situation and so no-one is sure how to interpret it. We have had a nativity scene here for the past 10 years and nobody questioned it until last year.

“We won’t have a crib but in its place we will put a notice explaining why it isn’t there and that we think we should be allowed to have one. We hope there will be one in 2016,” he said.

Naëma Tilhac, for the Association des Maires de France, said that there was confusion over the issue and they could not force mayors to follow their advice.

The AFM has appealed to the Ministry of the Interior for precise guidelines. Its advice currently only applies to cribs in public buildings – those set up in other parts of towns or villages are not concerned.

Photo: Flickr/Raúl Hernández González

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