Italian-immigrant grandmother Rita Warren says Utahns are using the wrong part of the First Amendment in fights to display Nativity scenes and menorahs on public property.
Instead of using the amendment's guarantee of freedom of religion - which runs into trouble with separation of church and state - Warren says they should instead use its right to protest."I should know. I have had a life-size Nativity scene on the steps of the (U.S.) Capitol for 13 years now by protesting," she said.
Court rulings bar the government from sponsoring such displays on public property, saying it is a violation of the separation of church and state. Rulings even prohibit the appearance of government sponsorship by allowing others to sponsor displays.
"But I am protesting, and I have a permit from the Capitol police," Warren says. "In this country, you can protest anything you want. I protest my religion. They can't stop you as long as you have a permit. And they have to give you a permit if they allow anyone else to protest anything."
So tourists are often flabbergasted when they visit the Capitol at Christmas and see Warren and her life-size statues of wise men, shepherds, Mary, Joseph and Jesus. They takes scores of photos - because the folks back home won't believe it otherwise.
"Those pictures travel all over the world," Warren says. "The first thing they say is, `How do you get away with it.' A policeman usually answers, `She has a permit.' " The only catch is that Warren must stay with her statues at all times. When she goes home, she must take them with her. "But you can organize and have other people stay and take turns in the protest, and have a vigil," she said.
News stories from Utah say some North Salt Lake residents are upset this year that their city decided after threats from the American Civil Liberties Union not to put up its traditional Nativity scene. Some are trying to buy the scene and put it on private land near City Hall.
"They should just get a permit from the city or the police and protest - right on the steps of City Hall if they want," Warren said. "If I can do it for 13 years at the U.S. Capitol, they can do it at their City Hall. "
Meanwhile, another group recently demanded that a menorah celebrating Hanukkah be removed from Gallivan Square, which is owned by the Salt Lake City Redevelopment Agency and administered by the recreation division of the Public Services Department.
"They can protest with a menorah, too. Next to my Nativity scene, I have a sign that says, `Happy Hanukkah,' to show I support a diversity of religions," Warren said.
She says she tripped into the "protest" loophole several years ago when she had staged several protests in Massachussets to help allow schools have Christmas celebrations and to allow a daily moment for silent prayer.
"I did a lot of protests. So I knew you had to get a permit, and what you had to do," she said. So after she moved to Fairfax, Va., near Washington, she tried her Capitol Nativity scene protests - and has never had any problem.
Why does she do it? She said as a young girl in Italy - before she immigrated to the United States - the schools used to have a picture of Jesus. When dictator Benito Mussolini came to power, his picture was put up instead. Later, he was replaced by Hitler.
"When we started saluting Hitler and Mussolini and forgot about Jesus, that's when our trouble began. When you take God out of a country, it will fall. History has shown that," she said.
"I am 65, but - thank God - I am still strong. I will begin my display on Monday and go through Christmas Eve. I feel like I have to do this every year. If you don't use your rights, you will lose them," she said.
"Tell the people in Utah that the government cannot stop you if you do it right. But you have to be willing to sacrifice and stand up for what you believe," Warren said.