Thursday, October 29, 2009

ADF Petitions Supreme Court To Hear New Ten Comandments Case

A petition for certiorari was filed Wednesday with the U.S. Supreme Court to appeal the 10th Circuit Court of Appeals ruling in Haskell County Board of Commissioners v. Green. In the case, the Court of Appeals held that a display of a Ten Commandments monument on the lawn of the county courthouse in Stigler, Oklahoma, violated the Establishment Clause. The Alliance Defense Fund filed the petition to have the case heard by the Supreme Court. “Americans shouldn’t be forced to abandon their religious heritage simply to appease someone’s political agenda,” said ADF Senior Counsel Kevin Theriot. “There is no wall of separation between our religious heritage and the public square. Thomas Jefferson’s ‘wall’ protected the church from government control, not the public square from references to America’s religious heritage. Such public acknowledgments do not create a constitutional crisis. If they did, we’d have to sandblast many walls and monuments in Washington, D.C., including the walls of the Supreme Court.”

The ADF explains "that In March 2006, the American Civil Liberties Union, on behalf of one offended individual, filed suit to remove a Ten Commandments monument located on the Haskell County Courthouse lawn. The lawn includes memorials to the Choctaw Indian Tribe, World War II veterans, Vietnam War veterans, Korean War veterans, and settlers buried in unmarked graves, among others. In August 2006, a federal district court judge ruled that the presence of the monument was constitutional. The ACLU appealed that decision to the 10th Circuit, which reversed the lower court ruling. In the petition for review filed in Haskell County Board of Commissioners v. Green, ADF attorneys wrote, 'Circuit courts need this Court’s guidance on the proper analysis to apply to monuments passively acknowledging religion’s historical significance that are part of historical displays on government grounds. Otherwise, these cases will continue to be decided on irrelevant facts like those that led to the finding of unconstitutionality in this case: age of the monument, how quickly it was challenged, whether it is displayed by a small or large town, and the personal religious views of the government officials who allowed it.'"

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