UPDATED: Cuccinelli: Holiday displays, religious or otherwise, are allowed on public property

Attorney General Ken Cuccinelli (R) writes in a new opinion that local governments do not have to ban holiday displays that include religious symbols, including Jesus Christ.

Cuccinelli's opinion was a response to a request from Del. Robert G. Marshall (R-Prince William), who asked whether Loudoun County, under the U.S. and Virginia constitutions and state law law, must prohibit holiday displays on public property.

"It is my opinion that a local governmental entity is never categorically compelled to prohibit holiday displays, including those incorporating recognizably religious symbols, because governments enjoy considerable discretion in accommodating the religious expression of their citizens and employees and in their own recognition of traditional seasonal holidays,'' Cuccinelli wrote. "It is further my opinion that displays depicting the birth of Jesus Christ are permissible provided the government ensures appropriate content and context."

Read the opinion.

Kent Willis, executive director of the Virginia branch of the ACLU, described Cuccinelli's opinion as "accurate." He said localities can ban all displays, including those that are religious, or allow all displays.

Marshall said he requested the opinion from Cuccinelli after residents complained that Loudoun County officials banned structures, religious or otherwise, last year from the lawn of the century-old courthouse in Leesburg. He said he plans to contact county officials and let them know about Cuccinelli's opinion.

Marshall has asked and received several opinions from Cuccinelli since he was sworn into office in January, prompting critics to accuse them of trying to get around a divided General Assembly.

After Marshall requested an opinion, Cuccinelli also concluded that the state can impose stricter oversight over clinics that perform abortions and law enforcement can check the immigration status of anyone stopped by police.

This post has been updated.