Once Again, Its ACLJ vs. ACLU

We represent Judge James DeWeese of Richland County, Ohio who has been sued by the ACLU for a poster he placed in his courtroom called Philosophies of Law in Conflict.

The poster is divided into two sections.  The first is titled Moral Absolutes, the second Moral Relatives.  To illustrate the meaning of these two clashing moral concepts, Judge DeWeese quotes texts which support each one: for moral absolutes, the Ten Commandments; for moral relativism, the Humanist Manifestos and other sources.

You can imagine which of these moral concepts the ACLU has a problem with.

According to its flawed understanding of the Establishment Clause, the ACLU believes that the Ten Commandments are inherently suspect as a constitutional matter and can seldom, if ever, be displayed in the public square.  Even in the case of an educational display, such as Judge DeWeeses, the ACLU believes that the Decalogue is nothing more than a religious text propounding nothing more than religious doctrine.

The ACLU is wrong.  In numerous Ten Commandments cases handled by the ACLJ, federal courts have repeatedly held that the Decalogue has played a profound historical role in the development of Western legal thought.  In the Supreme Court case from 2005, Van Orden v. Perry, Chief Justice Rehnquist observed that the Ten Commandments have an undeniable historical meaning and have played a role in our Nations heritage.  Even Justice Souter, an advocate of strict church and state separation, has noted that civil or secular law has been influenced by the Decalogue.

To deny, as the ACLU does, that the Ten Commandments have a secular and historical meaning, in addition to a religious one, is to deny reality and ignore history.

What has particularly raised the ire of the ACLU in this case, perhaps even more than the display of the Ten Commandments themselves, is the fact that Judge DeWeese has conveyed his personal opinion that the Founders were right about the necessity of moral absolutes to the survival and prosperity of our country, and that he joins them in acknowledging Almighty God as the author of the necessary standards for restoring the moral fabric, safety and prosperity of this nation.

While the ACLU may take issue with this opinion of Judge DeWeese, there is no doubt the Founders of our country believed that religion plays an important role in civil society.  Our first president, George Washington, to name but one example, stated that of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.

The Ohio State Constitution, which the ACLU believes Judge DeWeeses display violates, in addition to the U.S. Constitution, specifically states that Religion, morality, and knowledge are essential to good government.

The importance of this case cannot be underestimated.  What is at stake is not just the public display and proper understanding of the Ten Commandments, but the right of public officials to recognize that our nations future depends on maintaining those principles on which the nation was founded.

Both sides have filed their legal briefs with the court and we await its decision.