According to the Biblical story... there were no wise men in the manger scene.
Read the account from the Gospels. It is very clear that the Wise Men (however many there were since the Bible doesn't say) came months later. In Matthew 2, it says that they found him in a house.
So there should be no wise men in the manger scene. This has always been a pet peeve of mine.
We can read the story in Matthew 2:1-12:
"After Jesus was born in Bethlehem in Judea, during the time of King Herod, Magi from the east came to Jerusalem and asked, 'Where is the one who has been born king of the Jews? We saw his star in the east and have come to worship him.' When King Herod heard this he was disturbed, and all Jerusalem with him. When he had called together all the people's chief priests and teachers of the law, he asked them where the Christ was to be born. 'In Bethlehem in Judea,' they replied, 'for this is what the prophet has written: "But you, Bethlehem, in the land of Judah, are by no means least among the rulers of Judah; for out of you will come a ruler who will be the shepherd of my people Israel." '
" Then Herod called the Magi secretly and found out from them the exact time the star had appeared. He sent them to Bethlehem and said, ‘Go and make a careful search for the child. As soon as you find him, report to me, so that I too may go and worship him.' After they had heard the king, they went on their way, and the star they had seen in the east went ahead of them until it stopped over the place where the child was. When they saw the star, they were overjoyed. On coming to the house, they saw the child with his mother Mary, and they bowed down and worshiped him. Then they opened their treasures and presented him with gifts of gold and of incense and of myrrh. And having been warned in a dream not to go back to Herod, they returned to their country by another route."
Arkansas State Constitution, Article 19 Section 1 ("Miscellaneous Provisions")
No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court.
Mississippi State Constitution. Article 14 ("General Provisions"), Section 265
No person who denies the existence of a Supreme Being shall hold any office in this state.
North Carolina's State Constitution, Article 6 Section 8
"Disqualifications of office. The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God."
Pennsylvania's State Constitution, Article 1 Section 4
"No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth."
South Carolina's State Constitution, Article 4 Section 2
"No person shall be eligible to the office of Governor who denies the existence of the Supreme Being; ..."
Note: If you continue reading you will find that (in Section 8) the Lieutenant Governor must also meet the same qualifications as the Governor.
Tennessee's State Constitution, Article 9 Section 2
"No person who denies the being of God, or a future state of rewards and punishments, shall hold any office in the civil department of this state."
Texas' State Constitution, Article 1 Section 4
"No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being."
Certainly that Atheist statement is not appropriate to commemorate Christmas.
Likewise if the Atheists wanted to commemorate their own celebration, they can post whatever they wish so long as it is tasteful and appropriate.
The state can, however, discriminate between signs on a basis other than religion. And if the sign at issue here said something like "Why believe in God?", I think the government can still ban it, on the grounds that Christmas is a celebration, and that sign constitutes party-pooping, atheist or not.
With this distinction, Christians can put up signs celebrating Christmas, and atheists can put up signs celebrating Newton Day. But Christian signs can't say, "why did the Jews kill Jesus?", Jewish signs can't say, "why did Christians kill six million Jews in the Holocaust?", and Atheist signs can't quote Richard Dawkins stating that "the god of the Bible is the most unpleasant character in all fiction."
That reminds me of an old Joke...
Why couldn't the Christmas story take place with A2kers?
Of course, if they hadn't come along, we'd still have frank solstice festivals, so...
It may be fair, but it would also be a loss of a cultural tradition that people have been celebrating for centuries, in America and all over the Western world. I'd prefer to keep the tradition and open it up to other religions, so that Jews can celebrate Hanuka, Secular Humanist can celebrate Newton day, and Hindus can celebrate whichever of their deities Hindus. The Christmas tree in our City Hall offends me much less than some of the hideous "art" they're exhibiting in other months of the year.
But why must those traditions be expressed on PUBLIC property