Kentucky: Will they never learn?

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Will they never learn?

Legislators keep repeating Commandments error

Editorial, Lexington Herald-Leader, March 14, 2006

After the U.S. Supreme Court ruling last summer against two Kentucky counties' displays of the Ten Commandments, another push for posting religious doctrine in government buildings was inevitable.

And of course, this is an election year, a time when lawmakers use such political grandstanding to persuade voters of their personal morality.

So, we can only hope that another legal challenge would further clarify what is constitutional and force lawmakers to honor one of the nation's founding principles: separation of church and state.

The latest legislation, which Gov. Ernie Fletcher has promised to sign into law, allows the Commandments to be posted as part of a historical display. It also installs a monument engraved with the Commandments next to the floral clock on the Capitol grounds.

Setting the state up for another legal challenge is unwise, especially since another Kentucky posting decision is being challenged in the courts.

But lawmakers would rather risk guessing at how to stay within constitutional boundaries set by the rather murky court decisions.

In the two 5-4 decisions, the Supreme Court ruled unconstitutional a display of the Ten Commandments in the McCreary and Pulaski county courthouses, while permitting a Texas monument with the Commandments to stand.

Following that decision, a three-judge panel of the 6th Circuit Court of Appeals said a Mercer County Commandments display was constitutional, although it was similar to the one ruled unconstitutional in McCreary County.

The American Civil Liberties Union is asking for a hearing before the full court on that decision.

Installing a Commandments monument at the Capitol seems to fall short of the court's clearest constitutional standards.

In the Texas case, that monument was one of several historical markers -- including Egyptian symbols and Stars of David -- that have been on the Austin courthouse grounds for decades.

The court majority did not see the monument as an attempt by government to promote one religion over any other.

That can't be said about the Kentucky monument, no matter how much lawmakers try to dress it up with a plaque outlining the political wrangling over it. Just because it's old, doesn't make it historic.

Those who support such postings are encouraged by new appointments to the Supreme Court. That may be a flawed assumption, especially if the new justices really do strictly interpret the Constitution, as President Bush has promised they will.

Only legal action seems capable of reining in Kentucky lawmakers intent on using government property to proselytize.

Unfortunately, this means the state will spend more tax money on another legal fight likely to end with both an unconstitutional law and a bill to pay the ACLU's legal fees.

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