AUSTIN, Texas - A "winter solstice" display by the Freedom from Religion Foundation is back in the spotlight.
In December 2015, Governor Greg Abbott removed it from the Capitol citing a mocking tone against Christianity, but a federal judge ruled that in doing so, the governor violated their freedom of speech.
"What the court says the governor was doing here was discriminating based on viewpoint," said Sam Grover with the Freedom from Religion Foundation. "They didn't want an atheist message in the Texas capitol. But if you're going to allow a Christian Nativity scene in the Capitol, you need to also allow other points of view."
The display shows the Founding Fathers - George Washington, Thomas Jefferson and Benjamin Franklin -and the Statue of Liberty gathered around a manger holding the Bill of Rights.
The organization, which advocates for the separation of church and state, had permission by the State Preservation Board to leave it up for five days, but Abbott ordered it to be taken down after four.
In response, the FFRF filed a lawsuit against the governor.
"The law is very clear on free speech issues, which is why we actually sued Governor Abbott in his individual capacity as well, so we were expecting to win this case," said Grover.
However, some agreed with the governor, and found its presence in the Capitol offensive.
"When it comes to the Nativity scene, that's a really important symbol for Christians, and for it to be mocked, and really mocked using the Founding Fathers, the Founding Fathers would not have been for that," said Nicole Hudgens with Texas Values.
On Sunday, Abbott tweeted that the court's decision would be appealed.
The Freedom from Religion Foundation isn't concerned.
"FFRF has every right to equal access to the Texas Capital, and this is an open and shut case, so if he wants to waste tax payer money on this, that's his choice," Grover said.