6th Circuit: Surprising Ten Commandments Ruling

A surprising 10 Commandments decision was handed down by the U.S. 6th Circuit Court of Appeals yesterday. ACLU of Kentucky v. Mercer County (Dec. 20, 2005), involved a display of historical documents, including the 10 Commandments, in the Mercer County courthouse. The display, titled "Foundations of American Law and Government", is identical to the one found unconstitutional by the U.S. Supreme Court last June in the McCreary County case. However, according to the 6th Circuit, a very different history of of the county's purpose was present here. The 6th Circuit upheld this display, saying:

Here, unlike McCreary County, Mercer County’s stated purpose was more than a mere "litigating position." Instead, it is supported by context, including the explanatory document and the eight other objectively historical and secular documents. A reasonable observer would not view this display as an attempt by Mercer County to establish religion. Instead, he would view it for what it is: an acknowledgment of history.

The court continued:

The ACLU’s argument contains three fundamental flaws. First, the ACLU makes repeated reference to "the separation of church and state." This extra-constitutional construct has grown tiresome. The First Amendment does not demand a wall of separation between church and state.... Second, the ACLU focuses on the religiousness of the Ten Commandments. No reasonable person would dispute their sectarian nature, but they also have a secular nature that the ACLU does not address.... Third, the ACLU erroneously–though perhaps intentionally–equates recognition with endorsement. To endorse is necessarily to recognize, but the converse does not follow.

While the court found a secular purpose in the display, Carroll Rousey, a retired dry-wall contractor who paid for and put up the 2001 Mercer County display, was quoted in an article in today's Columbus, Georgia Ledger-Enquirer as saying, "I feel that this is what the Lord wanted me to do."