Friday, November 11, 2011

Settlement Allows Posters On Separation of Church-State In Courthouse

Yesterday Americans United announced that it had obtained a settlement in Stewart v. Johnson County, Tennessee. AP also reports on the settlement. The suit was filed after the county-- in response to a complaint about a display of the Ten Commandments in the lobby of the county courthouse-- adopted a limited public forum policy. It permits local residents and organizations to donate to the courthouse displays of historical documents that, among other things, "directly relate to the development of law...." Under the policy, the county accepted a display that features the Ten Commandments and other historical documents along with a 26-page pamphlet that includes an introduction titled "From Biblical Morality to Modern Law."  Ralph Stewart then asked to display two posters titled "On the Legal Heritage of the Separation of Church and State" and "The Ten Commandments Are Not the Foundation of American Law."  He sued when the county refused on the ground that his posters did not fall within the subject matter of the limited public forum it had created. (See prior posting.) Under the settlement, the county has agreed to display Stewart's posters in a prominent place, and modify its policy to make it clear that county commissioners may not reject a display merely because they dislike its content. The settlement also includes payment of $75,000 in legal fees. [Thanks to Don Byrd for the lead.]