Jun 29, 2005
Following the Supreme Court's ruling on the Ten Commandments, we must press forward. We didn't get to this place overnight where judges ignore the rule of law. Within the last few years, the Court has expanded abortion rights; sanctioned same-sex sodomy; referenced international law when interpreting the Constitution; and authorized the taking of private property for economic purposes. We must steady the course, press forward, and never retreat. At the end of this message, I will tell you how you can help.
Very soon we will have one or possibly two vacancies at the Supreme Court. A few of the current members of this Court must change. Depending on who retires, the balance of power could dramatically shift. We will return to the Supreme Court again, and when we do, we must have a majority of justices who adhere to the constitutional rule of law.
In the Texas case, the Court issued a plurality opinion because a majority of the Justices couldn't agree on why the monument may stand. The vote was 4-1-4, with Justice Breyer concurring in the result because the monument had been in place for 40 years without controversy and there was no evidence of a religious purpose.
In Kentucky, the Court was focused on the prior history more than on the Foundations Display that included the Ten Commandments. This history occurred before Liberty Counsel's involvement. The case started with a single copy of the Ten Commandments followed by a second display that contained religious quotes from historical documents. The prior history included a resolution discussing America's heritage and a statement from a county official quoted in a newspaper saying that God was important in his life. Following this history, the counties removed those displays and erected the third display, known as the Foundations Display. That is when Liberty Counsel came to their defense, and this is the Display we defended before the Court. The 5-4 opinion acknowledges that the Display can be constitutional in one county but unconstitutional in another, solely because of statements made by governmental officials regarding the purpose.
So how do we respond? Irrespective of one skirmish, you never give up. Based on the Texas case, monuments that have been in place for a long time are probably safe. This may also be true for crosses in city seals or veterans' cemeteries. Moreover, the case that we won a few weeks ago at the Seventh Circuit Court of Appeals, involving an Indiana display identical to those in Kentucky, is also likely permissible, because there is no prior history similar to the Kentucky counties. The battle over the Ten Commandments is not finished. We are not even finished in the Kentucky cases.
Remain engaged in the battle. The ACLU stated their case for 70 years before anyone showed up to challenge them. For most of that time, they lost. We must and will press forward. We have won many battles and will win many more.
To maintain our liberties we must fight for them. We must also ensure that federal judges and those who sit on the nation's highest court respect the Constitution and the rule of law.
In light of the rulings by the High Court, I urge you to sign a petition asking your U.S. Senator to do two things: (1) abolish the judicial filibuster rule, and (2) confirm judges, including the next justice to the Supreme Court, who respect the Constitution, the rule of law and our religious heritage.
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