ACLJ Victorious in First Ten Commandments Case Drawing on New Supreme Court Precedent

Federal Appeals Court Upholds Constitutionality of Ten Commandments Display

August 22, 2005

(Washington, DC)  -- In the first Ten Commandments case following recent rulings by the U.S. Supreme Court, the Eighth Circuit Court of Appeals upheld the public display of a Ten Commandments monument in a city park.  Francis Manion, Senior Counsel of the American Center for Law and Justice (ACLJ), argued the case on behalf of the prevailing City of Plattsmouth, Nebraska.

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, said Manion. 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, Neb. 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, said Jay Sekulow, chief counsel of the ACLJ. The Court of Appeals reasserts what the Supreme Court has consistently held: that religion is closely tied to our history and government.

The American Center for Law and Justice focuses on constitutional law and is based in Washington, DC.