Ten Commandments Update

We are pleased with a decision that was issued yesterday 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.  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. 

We represented 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 then sold the monument 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 its 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.

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.  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 significant win 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.