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ACLU challenge to OK Ten Commandments monument slapped down


ADF reports:

    MUSKOGEE, Okla. — A federal court today agreed with the arguments of ADF attorneys and determined that a Ten Commandments monument erected with private funds on a county courthouse lawn is constitutional, thwarting a legal challenge by the American Civil Liberties Union.

    “Even the ACLU would have to admit that abstaining from lying, cheating, and stealing are ideals that all Americans should value,” said ADF Senior Counsel Kevin Theriot. “The morals set forth in the Ten Commandments have been a vital part of American values throughout history. The government’s acknowledgment of this historical fact does not create a constitutional crisis.”

    The ACLU had originally submitted a motion to the court requesting that its name be held in confidentiality so that the public and any jury would not know that it was behind the suit. The request became moot when the case went to trial without a jury. A copy of the ACLU’s motion is available at www.telladf.org/UserDocs/ACLURequest.pdf.

    Mike Bush, a resident of Haskell County, raised $2,000 in private funds to pay for the monument, which was approved by county officials for display. The county has allowed citizens to erect monuments in the area for many years. The courthouse lawn area includes three memorials to veterans of World War II, the Vietnam War, and the Korean War; an Unmarked Graves monument; a Choctaw Indian Tribe Monument; two benches commemorating the high school graduating classes of 1954 and 1955; and 150 personalized message bricks on the sidewalk leading to the courthouse’s front steps.

    “Haskell County officials acted within the law when they allowed the display of this Ten Commandments monument,” said Theriot. “The monument is historically important and does not represent the furtherance of any religion by the county. The court wisely denied the ACLU’s attempt to erase the Ten Commandments out of American history.”

    Judge Ronald White of the U.S. District Court for the Eastern District of Oklahoma wrote in the opinion issued today, “The Monument does not violate the Establishment Clause and may remain on the courthouse lawn, peacefully and passively resting among the other monuments under the stars.” The full text of the ruling in the case, Green v. Board of County Commissioners of the County of Haskell, can be read at www.telladf.org/UserDocs/HaskellOpinion.pdf.

Please note the emphasized text. The ACLU filed a motion in court demanding that in a jury trial, the letters “A-C-L-U” not be spoken. This is an astounding request. What an admission by the ACLU — they have openly, on public record, acknowledged just how offensive they know the people of this country find them to be.

Note: Haskell County is a HEAVILY Democratic county. Yes, yes, yes, I know what the Lefty trolls will say — “well those are the old southern racist Democrats.” Not so fast: this county voted for Gore over Bush and only narrowly gave the nod to Bush over Lurch.

The opinion is a must read.. Judge White begins it such:

    The present kerfuffle ensued when Plaintiff James W. Green took offense at the erection of a Ten Commandments Monument on the lawn of the Haskell County courthouse.

Under findings of fact:

    Located in Southeastern Oklahoma, Haskell County has a population of about 15,000 people. The seat of county government is in Stigler, which is home to approximately 2,500 souls. Everyone knows each other.

    The courthouse itself is not, from all appearances, an architectural marvel. To the court’s untrained eye, its style could be described as “muscular brick and concrete with turquoise trim.” A cheerful looking building it is not; however, no question has been raised regarding its functionality. Spread willy-nilly over the front lawn of the courthouse is a mélange of marble1 monuments of various styles, sentiments and construction. Private citizens paid for and erected most of the monuments. The largest monument sits smack dab in the center of the lawn. It lists and honors Haskell County citizens who died in World Wars I and II. In front of it are smaller monuments for KIAs in Vietnam and Korea. Behind the war memorial is a small rose garden with a birdbath. Nearby, straight and tall, stands a flagpole from which Old Glory proudly waves.

“Smack dab!” Please read the first footnote. White continues (and I think you know what he’s getting at):

    Not last, and certainly not least, the courthouse lawn holds two sturdy marble benches dedicated to and inscribed respectively by the Class of 1954 and the Class of 1955. The names of members of the graduating class are inscribed in (mostly) alphabetical order on the tops of the benches. The court is unsure why no other class demonstrated the wherewithal or initiative to erect a monument to themselves, or why the County perhaps approves of no other high school graduating class.

One more, regarding the unveiling of the Ten Commandments monument:

    The Monument was planted firmly in the courthouse lawn on November 5, 2004, but was covered with a tarp until the unveiling ceremony that occurred two days later. The ceremony was not sponsored by the Commissioners or the County. Indeed, it was not even their idea. While it was open to the public, the unveiling ceremony was organized by Bush. Invitations were by word of mouth because everyone knows each other.

Please, please please read the entire opinion…it’s a welcome snicker-fest (in addition to being strong on the law) after the scandalous, weakly-reasoned and not-at-all-funny NSA surveillance ruling from Thursday.

Still standing: Court declares Oklahoma Ten Commandments display constitutional
Monument defended by ADF attorneys withstands legal challenge by ACLU

 


MUSKOGEE, Okla. — A federal court today agreed with the arguments of ADF attorneys and determined that a Ten Commandments monument erected with private funds on a county courthouse lawn is constitutional, thwarting a legal challenge by the American Civil Liberties Union.

“Even the ACLU would have to admit that abstaining from lying, cheating, and stealing are ideals that all Americans should value,” said ADF Senior Counsel Kevin Theriot.  “The morals set forth in the Ten Commandments have been a vital part of American values throughout history.  The government’s acknowledgment of this historical fact does not create a constitutional crisis.”

The ACLU had originally submitted a motion to the court requesting that its name be held in confidentiality so that the public and any jury would not know that it was behind the suit.  The request became moot when the case went to trial without a jury.  A copy of the ACLU’s motion is available at www.telladf.org/UserDocs/ACLURequest.pdf.

Mike Bush, a resident of Haskell County, raised $2,000 in private funds to pay for the monument, which was approved by county officials for display.  The county has allowed citizens to erect monuments in the area for many years.  The courthouse lawn area includes three memorials to veterans of World War II, the Vietnam War, and the Korean War; an Unmarked Graves monument; a Choctaw Indian Tribe Monument; two benches commemorating the high school graduating classes of 1954 and 1955; and 150 personalized message bricks on the sidewalk leading to the courthouse’s front steps.

“Haskell County officials acted within the law when they allowed the display of this Ten Commandments monument,” said Theriot.  “The monument is historically important and does not represent the furtherance of any religion by the county.  The court wisely denied the ACLU’s attempt to erase the Ten Commandments out of American history.”

Judge Ronald White of the U.S. District Court for the Eastern District of Oklahoma wrote in the opinion issued today, “The Monument does not violate the Establishment Clause and may remain on the courthouse lawn, peacefully and passively resting among the other monuments under the stars.”  The full text of the ruling in the case, Green v. Board of County Commissioners of the County of Haskell, can be read at www.telladf.org/UserDocs/HaskellOpinion.pdf.

ADF-funded victories involving Ten Commandments monuments include ACLU of Nebraska v. City of Plattsmouth and Van Orden v. Perry.

ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation.