A Houston state lawmaker wants to allow public schools to display Christmas trees or a Menorah without fear of litigation.

Plano ISD has faced lawsuits over candy canes being passed out in class, even using green and red plates during a "Winter Break Party." 

State Rep. Dwayne Bohac says enough is enough, so he’s introduced what some are calling the “Merry Christmas” bill.

The Texas Senate Education Committee voted to advance the bill Tuesday.

"We're going to restore the First Amendment in our public school system and protect them from crazy litigation," Bohac tells KTRH News.

The Liberty Institute's Justin Butterfield helped draft the bill, insisting the Supreme Court allows religious content in public schools, as long as it is equal.

"It’s permissible for school districts to have these traditional religious holiday displays, but they have to be neutral towards it," he says.

"It's perfectly fine, in the candy cane case in Plano for a student to bring a Christmas message," says Butterfield.  "And it’s also okay for a school district to have a traditional Christmas display or Hanukkah display."

Atheists continue to argue any reference to religion in public schools or government building violates separation of church and state.

Butterfield however, points to the recent court ruling in favor of religious banners used by cheerleaders at Kountze ISD.