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A national humanist group is demanding that the Christian nativity scene on the lawn of the Cherokee County courthouse in Rusk be removed.

Cherokee County officials said they’re reviewing the demand.

“The law surrounding nativity scenes is very clear, and several Supreme Court and other federal court cases support this, that exclusively Christian displays are not permissible,” said Legal Director David Niose of the American Humanist Association. “We simply propose that the municipality take it down, and perhaps move it to a church or somewhere else. We’re all for freedom of religion, but we don’t feel government ought to be practicing it. It’s pretty cut and dry.”

Cherokee County resident and AHA member Daniel Ross first raised these concerns, bringing them to the attention of the group’s Appignani Humanist Legal Center. AHA lawyers say the display violates the First Amendment clause prohibiting an “establishment of religion.”

Cousins Rhett Butler and Jenny Butler Mantzuranis donated the money for the nativity.

“The nativity scene was dedicated as a constant reminder of peace on earth and goodwill to men,” they said in a joint statement. The nativity was purchased in St. Louis in memory of Mrs. Mantzuranis’ mother, Rachel Butler, and her sister, Mary Ruth Middlebrook.

On Nov. 14, Ross sent an email to the county judge and commissioners, saying “I would like to get a sign to be placed on the court house to represent HumanLight for Secular Humanists, Atheists, Agnostics, Skeptics and the rest of the secular community.”

The group has since changed that request to a demand that the display be dismantled.

On Nov. 19, Cherokee County Precinct 3 Commissioner Katherine Pinotti responded to Ross’ email, saying “Please know that I am replying to you ONLY as a resident and NOT as a representative of Cherokee County as I cannot speak for the court unilaterally… Dec. 23 is merely a date selected by your organization to make a political statement of your choice not to celebrate traditional Christian beliefs. Perhaps you should consider choosing another time of the year to demonstrate your secular support instead of attempting to infiltrate the Christmas holiday with a singular purpose to destroy and denigrate the beliefs of others. Try to live and let live.”

Ross forwarded the conversation to County Judge Chris Davis and other members of the court, asking when he could erect the sign requested. He says he has received no response. Ross contacted the AHA, who said “Our organization will pursue the matter through litigation in federal court if it does not (remove the crèche and provide written confirmation that none will be erected in future).”

“I only answered out of courtesy,” Commissioner Pinotti said on Monday. “I had never even heard of the organization before. I can’t speak for the court, but I can certainly say that nothing has crossed my desk.”

Judge Davis has refused to provide comment at this time. The AHA formally submitted its requests Nov. 24, asking for a response within seven days.