"And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift of God?" -- Thomas Jefferson

"And yet the same revolutionary belief for which our forbears fought is still at issue around the globe, the belief that the rights of man come not from generosity of the state but from the hand of God." -- John F. Kennedy

"Because of their belief that power had come from God to each individual, the Framers began the Constitution with the words 'we the people'" -- Newt Gingrich

"There's never been a nation like the United States, ever. It begins with the principles of our founding documents, principles that recognize that our rights come from God, not from our government." -- Marco Rubio


Tuesday, February 22, 2011

U.S. Supreme Court Will Not Hear Case on Ten Commandments Display

Liberty Counsel
NEWS RELEASE
Contact: PUBLIC RELATIONS DEPARTMENT - 800-671-1776 or Media@LC.org


FOR IMMEDIATE RELEASE: February 22, 2011

http://www.lc.org/



Washington, DC - Today the U.S. Supreme Court decided not to hear a Ten Commandments case that was previously argued at the High Court in 2005, involving the "Foundations of American Law and Government" display (Foundations Display). The Foundations Display includes the Ten Commandments on two county courthouse walls in McCreary and Pulaski Counties in Kentucky. The original lawsuit was filed by the ACLU in 1999.


This denial allows conflicting rulings at the appeals court level to stand, three of which have allowed the Foundations Display and the Sixth Circuit ruling, which has refused it. The instant case turned, not on the Foundations Display itself (which courts have upheld as Constitutional), but on the motive for erecting the display. If the motive is religious, the display is suspect, but if the motive is secular or the government officials are silent, then the display has been upheld. This silly distinction makes no constitutional sense.


Other than this case, the ACLU has lost every challenge to the Foundations Display at the court of appeals since 2005. This case presented the opportunity for the High Court to bring sanity back to the Establishment Clause of the First Amendment, especially now since the makeup of the Court has changed since 2005, with Justice Alito replacing Justice O'Connor.


McCreary County v. ACLU of Kentucky was first argued at the U.S. Supreme Court in 2005 by Mathew Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law. In a 5-4 decision, the Court upheld the preliminary injunction against the Foundations Display. The majority ruled that the predominate purpose of the government officials who erected two prior displays was religious. The Court sent the case back to the lower court for a full trial.


"The Ten Commandments have influenced American law and government and may be displayed in a court of law," said Matt Staver. "At some point the Supreme Court will have to issue a clear ruling that frees judges and lawmakers from the Establishment Clause purgatory created by its confusing rulings."
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