ACLU says ruling may revive Rutherford Co. case
NASHVILLE — A leading advocate for separation of church and state said Monday’s decision by the U.S. Supreme Court prohibiting the displaying of the Ten Commandments inside courthouses could reactivate a case in Tennessee.
In its sharply divided 5-4 ruling, the high court upheld the constitutionality of displaying the Ten Commandments on government land but drew the line on displays inside courthouses, saying they violated the doctrine of separation of church and state.
“Such postings, especially in courthouses, make people feel like outsiders if they do not practice the dominant religious faith,” said Hedy Weinberg, executive director for the American Civil Liberties Union of Tennessee. “In addition, when people go to the courthouse, they are typically going to seek justice and they should feel welcome and not as an outcast.”
A number of Tennessee counties have displayed the commandments at one time or another, including Washington County where they’ve hung on the outside of the courthouse for almost 100 years.
Washington County Mayor George Jaynes said he believes the courthouse’s commandments are safe because they’re not inside, but he doesn’t agree with the Court’s ruling.
“I think it’s wrong,” Jaynes said. “The laws of the land were based on the Ten Commandments. If it wasn’t, it would be a bad place to live.”
Weinberg said the Tennessee ACLU currently has a case pending in Rutherford County that’s similar to the case involving the Kentucky courthouse exhibits the Supreme Court ruled on Monday.
In that case, two counties originally hung the copies of the Ten Commandments in their courthouses. After the ACLU filed suit, the counties modified their displays to add other documents demonstrating “America’s Christian heritage,” including the national motto of “In God We Trust” and a version of the Congressional Record declaring 1983 the “Year of the Bible.”
In June 2002, a federal judge issued a preliminary injunction requiring Rutherford County to remove the Ten Commandments portion of a broader display. She said the ACLU later filed for a permanent injunction, but the judge wanted to wait for the Supreme Court decision.
“We’re going to have to reactivate the case,” Weinberg said, “but we are confident today’s ruling strengthens our position.”
A federal judge in Chattanooga ruled against Hamilton County’s posting of Ten Commandments plaques at two of its courthouses in 2002. The plaques were removed and auctioned off.
Several other Tennessee counties removed their plaques after the ruling against Hamilton County.
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