Summum's Establishment Clause Claim Is Rejected

Last year, the U.S. Supreme Court rejected a freedom of expression claim brought by Summum that was refused permission to put up a Seven Aphorism's monument in a park in Pleasant Grove City, Utah. The park already contained a number of other monuments, including the Ten Commandments. (See prior posting.) Subsequently a Utah federal district court permitted Summum to amend its complaint to add an Establishment Clause claim. Now in Summum v. Pleasant Grove City, (D UT, June 3, 2010), the district court dismissed the Establishment Clause challenge finding no constitutional violation. It concluded that the Ten Commandments monument had been displayed for historical, not religious reasons. Also, the city has not shown a preference for one religion over another since, at the time it rejected the proposed Seven Aphorisms monument, government officials had no information about Summum's religious beliefs, practices or teachings. Having rejected the federal Establishment Clause challenge, the court declined to exercise supplemental jurisdiction over a similar state Constitutional claim. Yesterday's Salt Lake Tribune reported on the decision.