The Journal Record - Oklahoma City, OK -- Supreme Court to Review Seven Aphorisms Case

April 2, 2008
by Marie Price, The Journal Record, Oklahoma City, OK

The U.S. Supreme Court agreed Monday to review a federal appeals court decision criticizing a Utah town's content-based restrictions that disallowed a monument displaying a religious group's Seven Aphorisms, but allowed one listing the Ten Commandments.

The Summum organization argued that a Pleasant Grove City, Utah, ordinance violated its First Amendment free speech rights.

Summum adherents contend that Moses received two sets of tablets on Mount Sinai, the Ten Commandments and the Seven Aphorisms.

The group has petitioned several Utah cities to allow it to erect a monument outlining the aphorisms. Some chose to remove Ten Commandments monuments rather than approve Summum's request.

In the Pleasant Grove case, the 10th U.S. Circuit Court of Appeals said the forum where Summum wanted to erect the monument is a public place, which meant that the city's restrictions on speech are subject to strict constitutional scrutiny.

The 10th Circuit also turned down the city's "historical relevance" criteria, saying they did not rise to the level of a compelling government interest, under which they could be upheld.

 Summum attorney Brian Barnard told The Associated Press that the aphorisms are comparable and complementary to the commandments.

"It's a matter of simple fairness," he said.

Pleasant Grove is represented by the American Center for Law and Justice.

ACLJ chief counsel Jay Sekulow said the Supreme Court is faced with the opportunity to preserve judicial precedent that makes distinction between government and private speech, "or permit a twisted interpretation of the constitution to crate havoc in cities and localities across America. "

"The lower court decision, if left unchecked, would ultimately force local governments to remove long-standing and well-established patriotic, religious and historical displays," Sekulow said.

Summum officials contend, however, that they are not seeking removal of Ten Commandments monuments, but for cities to allow the aphorisms to be displayed, as well.