Sen. Hensley Says Christmas and Religious Expression Are Constitutionally Protected

State Sen. Joey Hensley, MD, says Christmas and other forms of religious expression remain fully protected under the U.S. Constitution, despite common misconceptions about the phrase “separation of church and state.”

Hensley explained that the phrase does not appear in the Constitution and originated instead in an 1802 private letter written by Thomas Jefferson, years after the First Amendment was adopted. Courts, he said, have consistently ruled that removing all religious expression from public spaces is just as unconstitutional as establishing a state religion.

According to Hensley, students are legally permitted to express their religious beliefs in schools as long as the expression is not disruptive. This includes verbal greetings such as “Merry Christmas,” wearing clothing or symbols with religious messages, and sharing written materials such as school assignments or greeting cards.

Hensley noted that state law also allows students and school officials to exchange seasonal greetings such as “Merry Christmas,” “Happy Hanukkah,” or “Happy Holidays” without fear of legal action.

He added that Christmas music, lessons on the biblical origins of Christmas, and performances of the Christmas story may be included in school settings when presented as part of cultural, historical, or artistic education. Courts have recognized that Christmas is deeply rooted in American history and culture, allowing such activities when they serve educational purposes.

Hensley said nativity displays are also permitted in public spaces. Private citizens may place nativity scenes in public parks and other traditional public forums, and governments may include religious elements in seasonal displays when accompanied by secular items and presented in a balanced manner.

Hensley emphasized that the Constitution and decades of court rulings protect religious expression in public schools and government buildings. He said efforts to remove religious references from Christmas do not stem from constitutional requirements, but from attempts to suppress religious expression, which he argues runs counter to constitutional protections.