Court Refuses To Dismiss Challenge To 10 Commandments Monument

In Freedom From Religion Foundation, Inc. v. Connellsville Area School District, (WD PA, March 7, 2013), a Pennsylvania federal district court refused to dismiss an Establishment Clause challenge to a 6-foot tall stone monument containing the Ten Commandments located near the auditorium entrance to a junior high school.  The monument was donated to the school by the Fraternal Order of Eagles in 1957.  In allowing plaintiffs to move ahead, the court said in part:

Establishment Clause challenges are all unique and driven by the particular facts of the case. Plaintiffs are entitled to a reasonable time in which they may conduct limited discovery in their attempt to garner support for the cause they pursue, such as developing evidence from sources other than the commentary posted by board members with regard to the School District’s purpose for accepting and maintaining the monument. Discovery will also afford Defendant the opportunity to inquire deeper into whether particular hypersensitivities exist such that the viewpoint of a reasonable observer would differ, uncover the historical background of the monolith, and confirm the claimed nature of the content on the display.

The Pittsburgh Tribune-Review reports on the decision.