ACLJ Gets Federal Court Victory on Eagles Commandments Display in MD

June 21, 2005

(Baltimore, MD) The American Center for Law and Justice (ACLJ), focusing on constitutional law, said it is pleased with a decision issued today by a federal district court declaring a Fraternal Order of Eagles (FOE) monument of the Ten Commandments displayed in a park in Frederick, Maryland constitutional.  The decision comes just days before the Supreme Court of the United States is expected to issue its decisions in two cases from Kentucky and Texas involving the public display of the Ten Commandments.

This is an important victory underscoring the argument we put forth from the beginning that this monument does not reflect a government endorsement of religion, but merely reflects the fact that this monument has been a part of the fabric of this community for nearly 50 years, said Francis J. Manion, Senior Counsel of the ACLJ, which represented the FOE at the federal district court trial in January.  It is clear the court understood that this monument reflected the fact that the Commandments served as a basis of western law and played a key role in the development of our legal system.  This is an important victory for the public display of the Ten Commandments as we eagerly await the decisions of the Supreme Court on this critical issue.

In a 13-page opinion issued today, U.S. District Court Judge William D. Quarles, Jr. concluded that [T]he Court finds Fredericks sale of the commandments monument and the land on which it sits, and its continued display on Memorial Ground, constitutional. 

The ACLJ represents the Eagles in the case.  The monument was donated to the city in 1958.  It originally stood outside city hall but was later moved to a city park where it was displayed along with war memorials, a George Washington plaque, and other markers of local historical significance.   In 2002, the ACLU filed suit challenging the monument.  The city sold it and the parcel of land on which it stood to the Eagles.  The ACLU dropped its suit, but in June 2003 Americans United for the Separation of Church and State filed a suit challenging the validity of the sale.

In todays decision the court said:  As there is no evidence of religious purpose for Fredericks display, and no indication that its secular purpose was insincere, the Court finds that Frederick had a secular purpose in displaying the monument.   Further, the court added:  In light of these historical and secular considerations, and the FOEs freedom to remove the monument at any time, no reasonable observer would believe the continued display on the Memorial Ground was intended to advance religion.

The Supreme Court is expected to announce within days its decisions in two cases involving the public display of the Ten Commandments.   The ACLJ has filed amicus briefs in support of the displays in the cases before the high court and has two additional cases from Ohio pending before the Supreme Court that will be determined by the outcome of the Kentucky and Texas cases.

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.