After the victory at the Supreme Court of the United States in 2005 in the Texas Ten Commandments case, groups opposed to the public display of the monuments launched a new attack. When a majority of the Court ruled that the Fraternal Order of Eagles monument on display on the state capitol grounds in Texas was constitutional, a new and dangerous strategy was set forth by those that opposed the monument. These organizations mandated that they be allowed to place monuments in government areas that depicted various messages undercutting the significance of the Ten Commandments as a foundational document for western civilization. One group called Summum actually filed a series of lawsuits, demanding that they be able to erect its Seven Aphorisms in various town squares to counteract the display of the Ten Commandments. While some cities capitulated to Summums demand and either removed the Ten Commandments monuments (many which had been in place since the 1950s), others fought back.
We are representing Pleasant Grove City. The city has been sued by Summum, which is demanding that their monument be displayed alongside the Ten Commandments monument. The Tenth Circuit Court of Appeals ruled in favor of Summum, and we are now asking the entire Tenth Circuit to hear the case. Our brief will be filed with the court tomorrow. If youd like to see a copy of our brief, just click here.
Ultimately, I believe this case might well end up at the Supreme Court of the United States. Summums argument, taken to its logical conclusion, would mean that the Statue of Liberty Park in New York Harbor would have to also display a monument called Statue of Tyranny. This seems outrageous, but this is the logical conclusion of the Tenth Circuits flawed reasoning. We will keep everyone posted on this case as it progresses.