The town of Palm Beach (search), Fla., told a federal judge Thursday that he has no authority to demand that they come up with a good reason why Jesus Christ in a manger should not be displayed next to a menorah on public property.
The judge had given the town until 5 p.m. Thursday to give the reasons why town officials are saying "no" to putting up a Nativity scene next to a Jewish menorah (search) in a popular park on public property.
The judge now must respond to the town's assertion -- most likely either agreeing that he has no such authority, telling the town "tough luck" and insisting they give over their reasons or he could make a decision on the matter for the town.
Two women wanted a Christ in a manger display next to the menorah but the town refused, saying the Nativity scene could only be placed in a lesser-trafficked park.
The women filed a lawsuit claiming discrimination and arguing that the Supreme Court (search) allows a balance of the two. For the past two years, for example, menorahs have been placed next to the more politically correct "secular holiday trees."
One of the plaintiffs told Fox News she asked to speak before the town council to make her case but was refused.
"They've discriminated against us," said Maureen Donnell. "They allow the menorahs but they have absolutely no interest in these Nativity scenes."
What Donnell and her co-plaintiff want is for the the menorah and the Nativity scene to be displayed next to each other.
But Palm Beach town attorney John Randolph said case law shows that when a menorah is placed next to a secular symbol -- such as a "secular holiday tree" -- it isn't considered a religious symbol.
Click here to watch a fair and balanced report by Fox News Channel's Orlando Salinas.