Religious liberty group threatens lawsuit over state's Nativity scene ban

By Samantha Kamman, Christian Post Reporter Wednesday, July 15, 2026

A religious liberty group is challenging a Connecticut policy that barred it from displaying a Nativity scene inside the state Capitol, arguing the ban amounts to unconstitutional discrimination against religious speech.

On Monday, First Liberty Institute and the law firm Jones Day sent a demand letter to Connecticut's Joint Committee on Legislative Management on behalf of the Family Institute of Connecticut (FIC).

"The FIC is just asking for equal treatment," Andrew Lelling, a Jones Day partner and lead counsel for the FIC, said in a statement provided to The Christian Post. “No one should be censored or denied access because his viewpoint is a religious one.”

Connecticut’s Joint Committee on Legislative Management did not immediately respond to The Christian Post’s request for comment. This article will be updated if a response is received.

According to the letter, Leslie Wolfgang, FIC's director of public policy, applied in December 2025 for permission to display a small Nativity scene on a table in a public area of the Capitol between Dec. 22, 2025, and Jan. 2.

Brian Pencz, the Office of Legislative Management's director of facilities, denied the request, telling Wolfgang the office "receives numerous requests from a variety of faith-based organizations seeking to install displays" in the Capitol and the Legislative Office Building, and that its policy is "not to permit religious displays by outside organizations in these public spaces."

Wolfgang appealed to committee members, arguing in writing that FIC's request "was denied while private secular exhibits and displays have been and are permitted at the state Capitol."

She argued that the U.S. Supreme Court "has repeatedly held that when a government entity opens a forum for private expression — particularly on Capitol grounds or within Capitol buildings — it may not exclude religious expression while allowing comparable secular expression."

“Religious speech is a protected viewpoint, and its exclusion constitutes impermissible viewpoint discrimination,” she added. 

The committee's executive director rejected that appeal, telling FIC the request remained "impermissible" because the display would be "purely religious in nature" and "could be seen as government endorsement of Christianity."

According to the demand letter, this marks the third time FIC has asked the committee to allow a Nativity display at the Capitol, and the second time it has asked the committee to change its policy. The group says it intends to request permission again for the upcoming Christmas season.

First Liberty Institute and Jones Day told the committee that FIC is prepared to pursue legal action if the policy isn't changed.

“The Committee’s position is legally incorrect, and the Committee itself has violated the First Amendment to the U.S. Constitution by maintaining a facially unlawful policy and denying FIC’s application: as summarized below, the Establishment Clause does not forbid the display of a Nativity scene at the state Capitol, and the Committee’s denial of FIC’s request based on its religious nature was viewpoint discrimination in violation of the Free Speech Clause,” the demand letter reads. 

“The ‘no religious display’ policy is such a blatant violation of the First Amendment that it must have been an oversight,” Roger Byron, senior counsel for First Liberty Institute, said in a statement. “The law is clear that barring a religious viewpoint from a public forum like this violates the Free Speech Clause. Hopefully, the Committee changes its policy and makes further legal action unnecessary.”