"The American people, common sense, and the Constitution are clearly winning the war on Christmas waged by the Left," said Gary McCaleb, ADF senior counsel. "Unfortunately, the misguided belief that we must sanitize Christmas to keep from offending a small segment of the population exists."

"We understanding that there is often a great deal of misinformation surrounding public acknowledgement and celebration of Christmas," the letter, signed by legal counsel Jeremy Tedesco, said.

"Consequently, ADF has assisted municipalities across the country in separating fact from fiction in regard to seasonal expression by public bodies like Queen Creek.

"Queen Creek does not violate the First Amendment when it uses the word 'Christmas' or incorporates religious references into its Christmas celebrations," the letter said. "Certainly erecting a Christmas tree and recognizing it for what it is offends no constitutional principles."

"One need not look further than the United States president to see that governmental entities and officials are permitted to reference religion, and specifically Christmas," he said. "At this year's lighting ceremony for the annual National Christmas Tree, President Bush made the following remarks:

"Christmas is a time of rejoicing and reflection. Each year at this time, we rejoice in the proclamation of good news, that in Bethlehem of Judea, a Savior was born. And we rejoice in the Christmas promise of peace to men of goodwill. We also reflect on the mystery of Christmas: the story of the Almighty, who entered history in the most vulnerable form possible – hidden in the weakness of a newborn child..."

"It is our opinion that Queen Creek need not fear legal liability for calling a Christmas tree a Christmas tree. Indeed, any lawsuit challenging a municipality's recognition of Christmas would be completely frivolous," the letter said.

"I've always wanted it to be called a Christmas tree, and I've always wondered why we call it a holiday tree," Mayor Art Sanders told the Associated Press. "If we're going to have a holiday tree-lighting, it should be a Christmas tree, in the same way you wouldn't call a menorah a holiday candlestick."

"ADF will continue to protect the right to publicly celebrate Christmas as well as other constitutionally protected religious liberties that are attacked," said McCaleb. "It is time to stop the ridiculous assault on a holiday celebrated by 95 percent of Americans."