Ten Commandments Victory in Nebraska

In the first decision since the Supreme Court's opinion in the Texas Ten Commandments case, Van Orden v. Perry, the U.S. Court of Appeals for the Eighth Circuit in an en banc decision voted 10-2 to allow a Fraternal Order of Eagles monument to stay in place in Plattsmouth, Nebraska.  This is a very significant development since the decision is the first since the landmark cases involving the Ten Commandments that were decided in June by the Supreme Court of the United States.  I am optimistic that other courts will follow suit, and we will see legal victories in Ten Commandments cases throughout the country.  Frank Manion argued the case on behalf of the prevailing City of Plattsmouth, and we will discuss it on radio today.  I encourage you to listen in to Jay Sekulow Live! for an analysis of this important decision.

The decision of the Court of Appeals is a perfect and sound application of the law set by the nations highest court earlier this year in Van Orden v. Perry.   Like the Supreme Court, the Court of Appeals recognizes that a public display of the Ten Commandments can have historical and legal significance and does not violate the Constitution in any way.

The 10-2 decision of the Eighth Circuit Court of Appeals relied heavily on the Supreme Courts Van Orden decision, which held that the display of the Ten Commandments on the grounds of the Texas state capitol was constitutional. Writing for the majority in the Plattsmouth case, Judge Bowman noted, Given [the] rich American tradition of religious acknowledgements, we cannot conclude that the Citys display of a Ten Commandments monument violates the Establishment Clause -- particularly in light of the Supreme Courts decision in Van Orden.

At issue was a five-foot-tall, three-foot wide granite monument donated to the City of Plattsmouth in 1965 by the Fraternal Order of Eagles, a national social, civic and patriotic organization.

The Court recognized that the Plattsmouth monument makes passive -- and permissible -- use of the text of the Ten Commandments to acknowledge the role of religion in our Nations heritage.

This case proves once again that the Ten Commandments can be publicly displayed in a manner consistent with the Constitution.  The Court of Appeals reasserts what the Supreme Court has consistently held: that religion is closely tied to our history and government.