ACLU-TN applauds Ten Commandments settlement

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ACLU-TN applauds Ten Commandments settlement

By George Barrett and Ted Carey, The Daily News Journal, (Murfreeboro, Tennessee), January 12, 2007

The American Civil Liberties Union of Tennessee today welcomed the settlement reached with the Rutherford County Commission concerning the posting of the Ten Commandments as part of "Foundation of American Law and Government" display in the Rutherford County Courthouse.

According to an ACLU news release, in September the Federal Court declared that the County Commission had violated the Establishment Clause of the First Amendment when they posted the Ten Commandments in the courthouse. In the settlement approved last night, the County Commission accepted the Court's ruling and agreed to pay attorneys fees and costs.

Hedy Weinberg, ACLU-TN executive director, explained that "ACLU-TN brought the lawsuit only after we were unable to convince the Rutherford County Commission to protect religious freedom for all their residents. The Constitution guarantees that individuals, not the government, make choices about when, where, if and to whom to pray. Were government to deny individuals the right to practice a particular religious faith or to post the Ten Commandments in their homes, businesses or places of worship, ACLU-TN would fight to protect citizens' right to promote their religious beliefs and practice their religious faiths."

George Barrett, ACLU-TN cooperating attorney, added: "We are disappointed that public funds had to be used which could have been spent on public education because of the conduct of the county commissioners in violation of the State and Federal Constitutions. Had they just taken the advice of their attorney that would have saved the taxpayers $50,000."

In April 2002, on behalf of a coalition of concerned residents, ACLU-TN filed a lawsuit challenging the posting of the Ten Commandments in "The Foundation of American Law and Government" display in the Rutherford County Courthouse. The display in dispute included: the Ten Commandments, the Magna Carta, the Bill of Rights, the lyrics to the Star Spangled Banner, the Mayflower Compact, the Declaration of Independence, the Preamble to the state constitution, and a drawing and explanation of Lady Justice.

In the lawsuit, ACLU-TN argues that the posting of the Ten Commandments -- with or without other accompanying documents -- violates the Establishment Clause of the First Amendment, which prohibits government from promoting or supporting religious doctrine.

More than four years ago, in June 2002, United States District Court Judge Robert Echols granted a preliminary injunction in ACLU-TN v. Rutherford County, ruling that the Ten Commandments plaque hanging with "The Foundation of American Law and Government" display in the Rutherford County Courthouse must be taken down pending a trial. ACLU-TN plaintiffs then asked the court to issue a permanent injunction. At the request of the county, the court stayed all proceedings in the case, pending the outcome of the McCreary County case; in June 2005, the U.S. Supreme Court ruled that the McCreary County display was unconstitutional because it violated the Establishment Clause to the First Amendment. In September 2006, Judge Echols issued a declaratory judgment ruling that Rutherford County Commission had violated the Establishment Clause of the First Amendment.

The display and the legislative history at issue in the ACLU-TN sponsored litigation are similar to the facts in McCreary County. Both McCreary County and Rutherford County had openly religious purposes in originally posting the Ten Commandments, and later tried to conceal their unconstitutional actions.

George Barrett and Ted Carey of Barrett, Johnston & Parsley are the ACLU-TN cooperating attorneys in ACLU v. Rutherford County et al (United States District Court, Middle District of Tennessee, Nashville Division).

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