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THE TEN COMMANDMENTS
LEGAL DEVELOPMENTS: YEAR 2001

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During 2001-AUG,
Chief Justice Roy Moore of the Alabama Supreme Court had a 5,280
pound granite installed in the Justice building. Subsequent developments are
covered in a separate essay

Legal challenges and court decisions:
 | 2001-JAN-2: Kentucky: Harlan County reposts the Ten Commandments: According
to DayWatch: The Harlan County Board of Education reposted the Ten
Commandments, as one element in a mosaic of historical documents. The
displays will be posted in the school district's administrative
offices, and in each of the 14 schools. 1 |
 | 2001-MAY-14: Oregon: Senate rejects Ten Commandments bill:
According to ReligionToday: The Oregon senate defeated a bill
by a vote of 16 to 14. They would have given public schools the option
of posting the Ten Commandments along side
the U.S. Constitution and similar documents. Both the legislative
counsel and the Attorney General had pronounced the bill
unconstitutional. Voting appears to have gone largely along party
lines. "Backers of the measure said the right to display the
commandments is an issue of religious freedom and that Christianity is
inseparable from the fabric of American history and culture."
Some comments:
 | Sen. Charles Starr (R) said: "I don’t deny that it’s
a religious document. At the same time we can all see that it
played a large part in our country’s founding." |
 | Sen. Frank Shields (D) is a Methodist minister. He said: "I
believe that they are the divinely inspired word of God. I can't
vote for this because we are in the middle of a pluralistic
society." |
 | Sen. Ted Ferrioli (R) felt that the bill was constitutional
because the displays had a "legitimate secular purpose."
It would teach students ethics. He continued: "In the 21st
century we need all the help we can get." |
 | Sen. Rick Metsger (D) commented: "Values will never be
taught by displaying them on the wall of some government building." |
 | The Ecumenical Ministries of Oregon, an association of 17
Christian denominations, had urged lawmakers not to pass the
bill. |
 | Sen. Verne Duncan, (R) said: "I think it’s going to
create more chaos." 2 |
|
 | 2001-MAY-29: Indiana: U.S. Supreme Court allows ruling against
Decalogue to stand: The Supreme Court declined to hear an
appeal from the City of Elkhart. This means that the decision by the U.S. Seventh
Circuit Court of Appeals stands. The granite monument must go. In the
words of the American Atheists, this decision "...has unleashed a new
wave of legal challenges across the country for civil liberties and
separationist organizations, who now want the religious monuments taken
down from government plazas, buildings and other public venues.
The Commandments belong in churches, private homes ... anyplace other
than the tax-supported public square." |
 | 2001-JUL-19: North Carolina: State Senate approved a Ten Commandments
bill: The North Carolina senate passed a bill that allows public
schools to post the Ten Commandments in the classroom, as part of a
larger cultural display. The vote was 94 to 18. An amendment to the bill added the Justinian Code,
the Magna Carta and the Mecklenburg Declaration of Independence
as examples of documents that could be displayed beside the Ten
Commandments. The bill is problematic for a number of reasons: The
Mecklenburg Declaration may be a hoax; no original copy survives. Also,
by only including only one religious document, schools would be promoting
Judeo-Christianity as superior to other religions. That would be a violation
of the principle of separation of church and state. The House approved the bill
later, on JUL-26, by a wide margin.
 | Representative Paul Luebke, (D-Durham) commented: "This is like
apple pie. Very few people want to vote against apple pie rather than
explain that the apple pie is actually sour...This [bill] is not
constitutional." |
 | Representative Bob Hensley (D-Raleigh) noted that the bill is
increasingly inappropriate in a state which has encouraged diversity
by promoting high-tech industries and its educational system. One of
the Commandments declares, "You shall have no other gods before me."
He said that his Hindu friends worship multiple gods. "When you say
you can't bow to them and serve them, that doesn't bother me, but it
does bother a lot of our citizens" |
 | Representative Art Pope (R-Wake) said: "We are a nation of
liberty. But that doesn't mean we disavow or cannot acknowledge God."
3 |
|
 | 2001-AUG-1: Alabama: Chief Justice unveils 10 Commandments monument:
Chief Justice Roy Moore of the Alabama Supreme Court had a 5,280 pound granite monument
installed in the Alabama Supreme Court
building. It displays two tablets with the
Decalogue (10 Commandments) engraved on them.
4
More details |
 | 2001-AUG-3: Arizona: ACLU seeking removal of Decalogue monument: The
Arizona Civil Liberties Union is proposing a bill at the Arizona
legislature that would remove the Decalogue monument in the Wesley Bolin
Plaza, which is located across the street from the state Capitol
building in Phoenix. If that is unsuccessful, the ACLU will initiate a
lawsuit to force removal of the monument. Ann Sophy, ACLU spokesperson,
said: "I would never try to predict what the courts would say. All I
know is that when it comes to the Ten Commandments on state property,
the majority has been in our favor." 5 |
 | 2001-AUG-3: Colorado: City officials posting disclaimer: City
officials in Grand Junction, CO added a disclaimer to a Decalogue
monument outside the City Hall. It informs people that the display "is
not meant to endorse any particular style of religious belief." They
hope that this may ward off any attempts in the court to have the
monument removed. Monty Gaither of American Atheists feels that the
disclaimer is insufficient. He wants the 6-foot high granite marker
removed. It was donated by the Fraternal Order of Eagles in 1964.
5 |
 | 2001-AUG-23: USA: House bill to legalize display of Ten
Commandments: Representative Robert B. Aderholt (R-AL) is allegedly
planning to re-introduce a bill "Ten Commandments Defense Act" in
early September. It would allow the posting of the Ten Commandments
in all public buildings. It would also bar citizens from raising
lawsuits to challenge the religious displays. The Rev. Barry W. Lynn,
executive director of Americans United said: "I've got a commandment
for Bob Aderholt: Thou shalt not play politics with religion. The Ten
Commandments have done pretty well for themselves for centuries; they
don't need help from members of Congress. Perhaps if politicians started
following the Commandments, and stopped using them for crass political
purposes, we'd be better off....The Aderholt scheme is indefensible. It
should be quickly rejected by anyone who takes the Constitution
seriously." Aderholt had unsuccessfully tried to pass an
earlier version of this bill
in 1998. 6 |
 | 2001-SEP-25: Georgia: Municipal government in Ringgold posts
Decalogue: In a move that is bound to offend non-Judeo-Christians,
the town of Ringgold has posted the Ten Commandments, the Lord's Prayer
and an empty picture frame. Councilman Bill McMillon explained that the
blank frame "is for those who believe in nothing." He hopes that
the display will bring back "good Christian values.'' He is not
concerned about offending non-Christians "because we don't have any
of them here.'' The measure passed the town council unanimously.
7 |
 | 2001-NOV-8: Kentucky: ACLU is suing three Kentucky counties:
The
American Civil Liberties Union is suing three counties
in the 6th U.S.
Circuit Court of Appeals. The counties have placed historical
displays on their courthouse walls. They consist of the Ten
Commandments, the Declaration of Independence, the Mayflower Compact,
and the national motto "In God We Trust." Liberty Counsel is
defending the counties. The courts have already declared the displays
unconstitutional. 8 |
 | 2001-NOV-20: Tennessee: County rejects display of Ten Commandments:
After Williamson County Attorney Jeff Moseley said "There is
no doubt in my mind that the posting of the Ten Commandments in a school
or public courthouse is unconstitutional," county commissioners
voted against the proposal 16 to 3; four abstained. Commissioner Peggy
Romano had proposed a motion that called on ''the God in Heaven to
preserve the peace ... extended to us by our ancient acknowledgment of
the Ten Commandments.'' She said: "I don't think it's promoting
one religion or another, but there are no better morals for anybody
other than the Ten Commandments." She said she would continue to
push for the measure. |

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Related essays on this site


- "Kentucky school board reposts Ten Commandments" at: http://www.mcjonline.com/news/00b/20010102b.htm
- Laurence Cruz, "Commandments bill defeated: Schools will not be
allowed to display the biblical doctrine," Statesman Journal, at: http://news.statesmanjournal.com/article.cfm?i=24194
- Rachel Kovner, "Ten Commandments in schools OK's in Senate,"
The Charlotte Observer, 2001-JUL-18.
- Mark Niesse, "Chief Justice unveils Ten Commandments in [Alabama]
Supreme Court building," Associated Press, at:
http://news.findlaw.com/ap_stories/l
- American Atheists, newsletter, 2001-AUG-3
- "Alabama congressman prepares to introduce patently unconstitutional
'Ten Commandments Defense Act," Americans United news release, 2001-AUG-23
- "Ga. Town Posts Ten Commandments," Assocaited Press, 2001-SEP-25,
at:
http://news.findlaw.com/ap_stories/other/
- Charles R. MiVille, "Counties Sued Over Commandments," at:
http://family.org/cforum/fnif/news


Copyright © 200, 2001 & 2004, by Ontario Consultants on Religious
Tolerance
Originally written: 2000-JUL
Latest update: 2004-AUG-08
Author: B.A. Robinson

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