Summum Case Back In District Court On Establishment Clause Issue

When the U.S. Supreme Court last year decided Pleasant Grove City, Utah v. Summum (see prior posting), it held that Summum's free speech rights were not violated by the city's refusal to permit it to erect its Seven Aphorisms monument in a public park. However the court left open the question of whether the Establishment Clause precludes the city from excluding that monument when a 10 Commandments monument is already in the park. Friday's Salt Lake Tribune reports that the case is now back in the district court on that issue. The city has asked to court to dismiss the case, arguing that the 10 Commandments monument conveys a secular historical message. Summum on the other hand has asked the court to permit it to put up a display of its Seven Aphorisms while the lawsuit is pending.