Skip to comments.Federal Court Sides With ACLU in Fight for Ten Commandments in Courtroom
Posted on 07/15/2004 6:39:29 PM PDT by bimboeruption
CINCINNATI -- Richland County Common Pleas Judge James DeWeese's fight to return the Ten Commandments to his courtroom wall suffered a setback Wednesday.
The United States Court of Appeals for the Sixth District's three-judge panel ruled 2-1 that displaying the plaque violates the Establishment Clause of the First Amendment.
"We're obviously pleased with the ruling," Gary Daniels, litigation coordinator for the American Civil Liberties Union of Ohio, said.
A federal judge forced DeWeese to remove the Ten Commandments in 2002 after a lawsuit by the ACLU.
"We've contended such a display is offensive to the Establishment Clause and violates the separation of church and state," Daniels said.
The American Center for Law and Justice, a public-interest law firm representing DeWeese, said it was disappointed with the appellate court's ruling and will appeal further.
DeWeese also had a poster of the Bill of Rights in his Mansfield courtroom. He put the words "the rule of law" atop both posters, contending they are part of the historic foundation for modern law.
The ACLU sued to challenge the display of the Ten Commandments, arguing that its posting in a public courtroom gave it the appearance of an unconstitutional government endorsement of religion.
DeWeese failed to establish a legally permissible secular reason for displaying the Ten Commandments in the courtroom, appeals judges Joseph Hood and R. Guy Cole Jr. wrote in their majority ruling. They upheld a June 2002 decision by U.S. District Judge Kathleen O'Malley in Cleveland.
Appeals Judge Alice Batchelder dissented. Batchelder said she believes DeWeese is entitled to include the Ten Commandments in a display he uses to educate the public on the history and philosophy of law.
Wow, these guys sure would have hated our Founding Fathers.
History lesson: Summer 1775- Continental Congress issues a call to all citizens to fast and pray and confess their sin that the Lord might bless the land.
"And it is recommended to Christians of all denominations, to assemble for public worship, and to abstain from servile labor and recreation on said day."
Notice also, it was recommended to all Christians, not all religions...
Judges, as well as most lawyers, have taken too much power from the system and are now running amok.
Same old shiite.
I have updated my FMCDH sign-off with the addition of (BITS).....Blood In The Streets, which I foresee coming soon, due to the enormous increase of the communist progressive movement being shoved down the throat of this failing REPUBLIC through the Judicial tyranny of fiat law, and the passing of unconstitutional laws by the Legislative and Executive branches of our government. FMCDH(BITS)
I too see a Civil War on the horizon.
I think it will begin if Bush wins.
The Civil War is coming, no doubt about it. But if President Bush wins reelection, the war will be muted and probably over quickly with minimal loss of life. If sKerry is elected, the war will all out, lengthy and bloody.
I'm ready either way.
The socialists in the county, calling themselves "liberals", seemed poised to let nothing, including elections or the US Constitution, stand in between themselves and power. The RINOS would not put up much resistence.
The Southern States, along with a few western states, would be the only solid defense against them.
The population within the socialist states would just do as they were told, like they do now. IMHO
ACLU= Anti Christian Litigation Unlimited.
the decisions of men who work on an occasional basis attired in black dresses are unlikely to be good ones.
Good point...I missed that.
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
" All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"The United States shall guarantee to every State in this Union a Republican Form of Government, ..."
"All legislative Powers herein granted shall be vested in a Congress of the United States, ..."
I see a prohibition against any law regarding an establishment of religion or its exercise. I see guarantees of liberty for the states and all the people and for all the protections of the U.S. Constitution. I see that the states are prohibited from making any laws which violate the U.S. Constitution.
I see nothing about the judiciary making laws. I see nothing about separation of church and state. I see nothing about the judiciary ruling on anything but the law.
Taking bets in how long it will take before the Constitution is completely re-interpreted and the "Year of our Lord" clause changed to 'Year of the ACLU?'
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof."
I wonder what law Congress made in this case that violated the Establishment Clause of the First Amendment?
I may not know enough Christians to speak knowledgably about it but I don't think it is apathy that you are seeing. Christians, as well as all people of good conscience, do not anger quickly. They are cautious about the use of force and the rejection of established authorities. It has to do with ethics, honor and convictions about the sanctity of life and consequences of actions.
That's the big difference between 'compassionate' conservatives and compassionate 'liberals.' For a liberal compassion is all talk and feelings. Talk is just hot air and feelings change. The value of life is relative and there's no such thing as consequences. Just blame. So they blame others.
"Christians, as well as all people of good conscience, do not anger quickly."
What is your definition of "quickly?"
It's been over 40 years since prayer was removed from public schools.
It's been over 30 years since the Supreme Court decriminalized baby killing resulting in the deaths of over 50 MILLION children.
For over 10 years, homosexuals have been shoving their agenda down Believer's throats.
What does it take for people of good conscience to become angry enough to take action?
(That was a rhetorical question. It would be wise not to answer it.)