Updates on ACLJ Ten Commandments Cases - 2004

June 16, 2011

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10 Commandments

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October 12, 2004

The American Center for Law and Justice is litigating Ten Commandments cases around the country. The ACLJ is working to ensure that public displays of the Ten Commandments remain in place and survive the constitutional challenges that are brought against these displays. While the work of the ACLJ encompasses a wide variety of cases, we have listed below some of the top cases where we are working to protect the public display of the Ten Commandments.

ACLU of Ohio v. Adams County - U.S. Supreme Court
We represent the Adams County school board which is being sued for permitting a local ministerial association to erect monuments on school property which contain the Ten Commandments. After suit was filed, the Board changed the display into a Foundations of American Law and Government display which includes several other influential texts. On June 11, 2002, the Court ruled in favor of the ACLU of Ohio and ordered the removal of the monument. We appealed to the 6th Circuit which affirmed the District Court's decision. We filed a petition for certiorari with the U.S. Supreme Court on July 13, 2004.

ACLU of Nebraska v. City of Plattsmouth - 8th Cir. Ct. of Appeals
Plattsmouth displays an FOE Ten Commandments monument in an isolated corner of a large city park. Nebraska ACLU sued, claiming the display violated the Establishment Clause. The district court judge granted the ACLU's motion for summary judgment. We appealed the decision to the 8th Circuit. The case was argued on January 15, 2003, before Judges Bowman, R. Arnold, and Bye. By a divided Opinion filed February 18, 2004, the panel majority affirmed the decision of the district court. We filed a petition for rehearing en banc on March 3, 2004. The case was argued before the en banc 8th Circuit on September 15, 2004.

ACLU of Kentucky v. Mercer County - 6th Cir. Ct. of Appeals
This case involves a county courthouse display of a number of historic legal texts including the Ten Commandments. The ACLU of Kentucky sued, claiming the display violates the Establishment Clause. The court granted our motion for summary judgment. The ACLU appealed. We argued the appeal on April 27, 2004, in the 6th Circuit and are awaiting a decision.

ACLU of Kentucky v. Garrard County - U.S. Dist. Ct. E.D. of KY.
This case involves a display similar to the one being challenged in the Mercer County case. The district court has stayed this matter pending the 6th Circuit's decision in Mercer County.

Mercier v. City of La Crosse, Wisconsin - 7th Cir. Ct. of Appeals
We represent the Fraternal Order of Eagles who were ordered to turn over to the City of La Crosse a Ten Commandments monument and parcel of land which the Eagles bought from the City last year.We moved to intervene post-judgment to contest the court's ruling on the merits and/or its unprecedented remedy. On September 25, 2003, Judge Crabb granted our motion to intervene, reversed her previous ruling and set a discovery schedule. On November 17, 2003, we filed a motion for summary judgment. On February 3, 2004, the district court denied the FOE's motion for summary judgment and granted judgment in favor of the plaintiffs. We appealed to the 7th Circuit Court of Appeals and the case was argued on September 8, 2004.

ACLU of Ohio v. Ashbrook, et al. - 6th Cir. Ct. of Appeals
We represent Judge James DeWeese of Richland County, Ohio. Judge DeWeese is being sued by the ACLU of Ohio for displaying the text of the Ten Commandments, in his courtroom in the county courthouse in Mansfield, Ohio. The lawsuit alleges that Judge DeWeese's actions violate the Establishment Clause of the First Amendment to the U.S. Constitution. On June 11, 2002, the District Court ruled in favor of the ACLU. The 6th Circuit affirmed by 2-1 vote. We are preparing a petition for certiorari.

Summum v. City of Duchesne - U.S. Dist. Ct. UT
A fringe religious group is suing city of Duchesne, Utah to force it to permit display of a group's monument. The group believes that it has right to display its monument because of city's display of Ten Commandments. After suit was filed, Duchesne sold the monument to a private owner. Plaintiffs are contesting the validity of the sale. Cross-motions for summary
judgment have been filed and are pending decision. Society of Separationists v. Pleasant Grove - 10th Cir. Ct. of Appeals Atheist advocacy group sued city of Pleasant Grove, Utah for the city's display of a Ten Commandments monument in a park. The court granted our motion for summary judgment on June 3, 2004. Plaintiffs have appealed to the 10th Circuit. The case has been briefed and is pending oral argument.

Chambers v. Frederick, MD and Fraternal Order of Eagles - U.S. Dist. Ct. MD
Suit by Americans United for Separation of Church and State challenging display and sale of Ten Commandments monument. The monument, once on city property, was sold to the Fraternal Order of Eagles in 2003. We contend that the sale of monument and property to a private organization eliminates any government endorsement of religion. The case is scheduled for trial on January 18, 2005.

ACLU of Tennessee v. Monroe County, TN - U.S. Dist. Ct. E.D. TN
Suit by ACLU and attorney challenging display of Ten Commandments in County Courthouse. We contend that plaintiff attorney, who has virtually no contact or exposure to Ten Commandments display, has no standing to challenge display. ACLU does not have organizational standing to challenge display because the named individual plaintiff has no standing. There is a settlement conference scheduled for October 22, 2004.