NEW 1 p.m. SPRINGFIELD - The American Civil Liberties Union says it won't fight a plan to erect a Christian nativity scene inside the Capitol Rotunda.

After a month-long review, the Illinois chapter of the ACLU said Daniel Zanoza's proposal to erect a display inside the Statehouse depicting the birth of Jesus is a form of free speech in a public forum.

Rather than oppose the Lincoln man's plan because it could violate the constitutional separation of church and state, ACLU spokesman Ed Yohnka noted in an opinion issued Wednesday that other groups could exhibit their own symbolic displays in the same area for the same number of days.

"If someone objects to the … display, they can engage in counter-speech by putting up their own display inside the Capitol Building," the ACLU noted.

Zanoza, a freelance writer and political activist, received approval for the display earlier this year from Illinois Secretary of State Jesse White, whose office manages buildings in the Capitol complex.

Zanoza says the presence of the nativity scene in the Statehouse will show others that religious displays shouldn't be banned from public buildings.

The secretary of state approved the nativity scene because the office has an open policy when it comes to displays. There are guidelines for the size and location of displays, but not for the content.

Zanoza's display is scheduled to be in the Capitol from Dec. 2 to Dec. 28. Its location will be near the governor's budget office on the first floor. No state money is being used for the display.

Zanoza is raising money to pay for the display and said Wednesday the process is "on track."

It won't be the first time religious displays have been erected in state-managed buildings.

In 2004, a menorah was placed in the James R. Thompson Center in Chicago and in the Capitol building in observance of the start of Hanukkah. A large artificial Christmas tree also has been displayed in the Capitol Rotunda for years during the holiday season.