The American Civil Liberties Union sued the commission,
contending that the posting was an unconstitutional promotion of religion. U.S.
Judge Robert Echols agreed and ordered the Ten Commandments removed in
2004. It will “stay down,” County Mayor
Ernest Burgess said at the time, calling it “the end of the story.”
Not quite. Rutherford County Sheriff Robert Arnold
has posted the Ten Commandments in his department’s lobby, along with a copy of
the Bill of Rights and the Declaration of Independence.
Rutherford County Sheriff Robert Arnold told the
Daily News Journal that he had a right to post the Commandments and that the
federal court’s decision occurred before he took office.
“That was before me,” Arnold told the newspaper. “I
really don’t know all the details about that.”
That’s a novel defense.
The legal principles involving a government body posting
the Ten Commandments are a little bit muddy thanks to some inconsistencies by
the U.S. Supreme Court, but the basic principles are clear.
The First Amendment prohibits any government agency
from posting a religious document unless it has a clear non-religious purpose,
doesn’t have the primary effect of promoting religion and doesn’t entangle
government in religion.
The sheriff’s action isn’t likely to meet those
tests.
It’s astonishing that a government official would
post the Ten Commandments in a public building in the same county where a
federal judge has so clearly spelled out that the action violates the First
Amendment. As Judge Echols wrote in 2004, “it is difficult for the court to
reach any conclusion other than that the sole purpose of erecting the
challenged display was for the advancement of a religious purpose.”
Is Rutherford County really prepared to spend tens
of thousands in additional taxpayers’ funds to fight a battle it lost so
convincingly in 2004?
The establishment clause of the First Amendment
essentially says that those on the public payroll cannot play favorites with
religion. The Ten Commandments is a Christian and Jewish document, but the
government is supposed to serve all the people.
“Our nation’s founders knew of the persecutions
suffered under religious tyranny and intended to insulate this great nation
from fearful predicaments. The First Amendment therefore wisely prohibits the
establishment of religion by the government,” Echols wrote in 2004. “This means
that the government cannot take sides or involve itself with the most popular
religion or with any religion.”
Sheriff Arnold told the Journal News his “job is to
uphold the laws. I’m not making anybody do anything.”
A good first step in upholding the law is respecting
the Constitution.
About the author: Ken Paulson is president and chief
executive officer of the First Amendment Center. Previously, Paulson served as
editor and senior vice president/news of USA Today and USATODAY.com.
This article was published by the First Amendment
Center.
No comments:
Post a Comment