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December 20,
2005
Ten
Commandments Display Upheld
by Sixth Circuit Court of Appeals
Display
is identical to the one argued before the
Supreme Court earlier this year
Cincinnati,
OH - Handing the ACLU a significant defeat, the Sixth
Circuit Court of Appeals held today that a display of the Ten
Commandments together with other historical documents in Mercer County,
Kentucky, is constitutional. Liberty Counsel represents Mercer County.
Liberty Counsel also represented Elkhart County, Indiana, in which
the Seventh Circuit earlier this year upheld an identical Ten Commandments
display. Liberty Counsel also represented two Kentucky counties, McCreary
and Pulaski, before the U.S. Supreme Court earlier this year involving
the same display.
This case began when the ACLU sued Mercer County for its "Foundations
of American Law and Government" display in the county courthouse
that contained the Ten Commandments. The display included the Ten
Commandments, the Mayflower Compact, the Declaration of Independence,
the Magna Charta, the Star Spangled Banner, the National Motto, the
Preamble to the Kentucky Constitution, the Bill of Rights to the U.
S. Constitution, and a picture of Lady Justice.
Today the Sixth Circuit adopted the reasoning of the Seventh Circuit
in Books v. Elkhart County, a Liberty Counsel case where
the Seventh Circuit upheld an identical display to that in Mercer
County. The Sixth Circuit stated, "Our concern is that of the
reasonable person. And the ACLU, an organization whose mission is
'to ensure that ... the government [is kept] out of the
religion business,' does not embody the reasonable person."
The Court's opinion also rejected the ACLU's "repeated
reference to 'the separation of church and state.' This
extra-constitutional construct has grown tiresome. The First Amendment
does not demand a wall of separation between church and state."
Mathew D. Staver, President and General Counsel of Liberty Counsel,
hailed today's decision as a great victory. Staver stated, "Today's
decision begins to turn the tide against the ACLU, which has been
on a search and destroy mission to remove all vestiges of our religious
history from public view." Staver added, "Whether the
ACLU likes it or not, history is crystal clear that each one of the
Ten Commandments played an important role in the founding of our system
of law and government. Federal courts are beginning to rightfully
reject extreme notions of 'separation of church and state.'
It's about time that courts begin interpreting the Constitution
consistent with its original purpose. With the changing of personnel
at the U.S. Supreme Court, the trend toward a more historical approach
to the First Amendment is well underway." Staver concluded,
"This case should be used as a model for other counties wishing
to display religious documents and symbols, including the Ten Commandments.
It's absurd to think that displaying the Ten Commandments is
unconstitutional. The Ten Commandments is a universally recognized
symbol of law. Our laws, and our notions of right and wrong, have
been shaped by the Decalogue."
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Liberty Counsel
PO Box 540774
Orlando, FL 32854
800-671-1776
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