Yes, Actually, You Can Say “Merry Christmas!”
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Our client, Marie, prints a helpful newsletter at her senior apartment complex. Marie never imagined she was offending anyone when she added “Merry Christmas, Happy Hanukkah, Happy Kwanzaa!” to her newsletter. Management at the senior residence thought otherwise and informed her that the friendly message was too religious to hand out. You read that right: A resident of a housing community in the United States is being prohibited from expressing Merry Christmas.
As Christmas draws near, the ACLJ is demanding that Cirrus Management and the Riverside Landing Apartments in Washington state end this discriminatory practice and allow our client to exercise her First Amendment rights to say, “Merry Christmas!”
Unfortunately, the unlawful discrimination against our client’s faith doesn’t end there. Marie’s freedom of speech and freedom of religion are being violated by management in other ways. They are telling her that advertising her Bible study and informing residents about visiting pastors are unacceptable while simultaneously allowing secular and irreligious events to advertise freely.
Before the apartments began censoring her, Marie made an effort to make sure her newsletter reflected the diversity and inclusivity of the community, mentioning everything from relevant news for residents to fun social events to opportunities to explore the local community. Last winter, Marie added a sign-off to her newsletter with an earnest extension of holiday wishes: “Merry Christmas, Happy Hanukkah, Happy Kwanzaa.”
What she thought was a heartfelt greeting resulted in management pushback. Marie was instructed to no longer distribute such newsletters if they include religious terms like “Christian,” “Christmas,” “Hanukkah,” or “Kwanzaa.” Essentially, management told her that the newsletter couldn’t reflect reality and must be stripped of its very identity. She’s been told that even a spirit of inclusivity by incorporating Hanukkah and Kwanzaa isn’t enough: There must be no mention of religion at all.
This is a clear violation of our client’s religious liberty rights under the Fair Housing Act. The government or a private actor acting with similar authority cannot impose restrictions that infringe upon free speech or the free exercise of religion. Courts have consistently held that speech about religion is as protected as speech on any other topic. The First Amendment means that favoring irreligion over religion is not allowed either. Our client’s newsletters and Bible study are neither disruptive nor coercive. They are voluntary, inclusive, and harmless. That’s why the ACLJ has taken on Marie’s case.
Unfortunately, this story reflects a growing trend across the country where individuals of faith are silenced and where simple acts of religious expression are treated as controversial. But no one should be forced to hide their faith or censor religious language to live peacefully in their own community. The ACLJ sent a demand letter calling on Riverside Landing to reverse these discriminatory policies immediately. Our client – and every resident – has the right to exercise their faith and to speak freely, whether that means hosting a Bible study, publishing a newsletter, or simply saying, “Merry Christmas.” If they don’t agree to comply with the law, we will be forced to take further legal action to defend Marie’s rights this Christmas.
Religious liberty is not a privilege; it is a right. The ACLJ won’t stand by while that right is violated. If you or someone you know has faced similar hostility toward religious expression, contact us at ACLJ.org/HELP. Together, we can ensure that faith is protected, not silenced.
And . . . Merry Christmas!