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Tuesday, March 01, 2005

Law - U.S. Supreme Court to hear Ten Commandments cases tomorrow

The Evansville Courier& Press has a Scripps Howard News Service
story this morning that reports:

The U.S. Supreme Court will hear arguments Wednesday in a couple of cases that raise questions about whether Ten Commandment displays are an unconstitutional government endorsement of religion.

One of the cases originated in McCreary and Pulaski counties in southeastern Kentucky, where the American Civil Liberties Union sued after county officials posted framed copies of the Ten Commandments in the county courthouses.

The case will have impact on Gibson County, Ind., where a federal district judge ruled earlier this year for the removal of a Ten Commandment monument on the courthouse lawn. That judge's ruling was consistent with an earlier ruling by the 7th Circuit Court of Appeals ordering the removal of a similar monument in Elkhart, Ind. The ruling affected Wisconsin, Illinois and Indiana, which all fall within that circuit. Rep. John Hostettler, R-Ind., in February wrote a letter to President Bush asking Bush to intervene in a court decision and bar the Department of Justice and the U.S. Marshal's Service from enforcing the decision. Hostettler argues that the federal judiciary has no means to enforce its own opinion.

The larger Supreme Court case, however, focuses on the question of whether the Ten Commandments is an integral part of America's legal and cultural history and thus should be displayed on public property, or whether such displays amount to an inappropriate endorsement of a particular religion.

David Savage has a story in the LA Tmes today headed "High Court to Rule on 2 States' Displays of 10 Commandments." The cases are Van Orden vs. Perry and McCreary County, Ky., vs. ACLU. Access information about both cases here on Findlaw.com - scroll down to the March 2nd arguments.

Posted by Marcia Oddi on March 1, 2005 10:47 AM
Posted to General Law Related