Oklahomans Will Vote On Repeal of Blaine Amendment

The Oklahoma legislature last Thursday gave final passage to SJR 72 (full text) (legislative history), referring to the voters of the state a proposed constitutional amendment to eliminate the state's Blaine Amendment.  The amendment would repeal Art. 2, Sec. 5 of the Oklahoma constitution that prohibits public funds or property from being used for sectarian or religious purposes. Legislative passage came in reaction to a state supreme court ruling last year that, in reliance on Art. 2, Sec. 5, ordered removal of a Ten Commandments monument from the statehouse grounds. As reported by The Oklahoman, an ACLU spokesman said that if the ballot measure passes, the ACLU would likely file a federal challenge to the Ten Commandments monument.

Atheists Can Move Ahead With Challenge To Florida County Ten Commandments Monument

In American Atheists, Inc. v. Levy County, Florida, (ND FL, Jan. 27, 2016), a Florida federal district court held that American Atheists and one of its members have standing to challenge on Establishment Clause grounds a Ten Commandments monument that was placed on the Levy County courthouse grounds. It also held that plaintiffs have standing to assert an Equal Protection challenge after their application to erect a monument of their own near the Ten Commandments monument was rejected.  The court concluded that plaintiffs complaint plausibly states both 1st and 14th amendment claims. Religion News Service reports on the case.

Replica of Removed Oklahoma 10 Commandments Given To Oklahoma Governor [Corrected]

AP reports that on Friday, 11 riders from a Texoma Cowboy Church in Wichita Falls, Texas delivered to Oklahoma governor Mary Fallin a replica of the Ten Commandments monument which a court ordered moved from the Oklahoma statehouse grounds. (See prior posting.)  Rev. John Riggs, leader of the church, told the governor:

We're riding for the law of God today. We fully believe that this country was founded upon the principles of God's word. It breaks our hearts to see where this country is headed and to see the removal of the law of God from our land, from our buildings.

Fallin said she will place the replica in her office. [Corrected--an earlier version of this posting incorrectly said the replica was delivered to the governor of Texas.]

Ten Commandments Monument At School Unconstitutional, But Claim For Injunction Is Moot

In Freedom From Religion Foundation, Inc. v. Connellsville Area School District, (WD PA, Aut. 28. 2015), a Pennsylvania federal district court held that a granite Ten Commandments monument that has stood outside a Pennsylvania junior high school since 1957 violates the Establishment Clause even though the monument, donated by the Fraternal Order of Eagles, is nearly identical to the one upheld by the U.S. Supreme Court in the Van Orden case.  However, the court said:

there are at least two factors that distinguish this case from Van Orden, such that it does not control the outcome. First, the monument in Van Orden was displayed “in a large park containing 17 monuments and 21 historical markers.”... Conversely, the monument in this case stands alone, prominently displayed outside one of the entrances to the school with a sidewalk just 14 feet away... There has been no effort on the part of the School District to impart “a broader moral and historical message” by displaying the monument alongside or nearby other secular monuments or displays.... Not only does the monument stand alone, but it stands alone “on the grounds of a public school, where,” as Justice Breyer explained, “given the impressionability of the young, government must exercise particular care in separating church and state.”... 

Nevertheless, the relief granted by the court was rather narrow.  Since the plaintiff no longer attends the Junior High School, her claims for injunctive and declaratory relief were denied as moot. Instead the court only granted nominal damages of $1, thus placing the school under no immediate direct order to remove the monument. Pittsburgh Post Gazette reports on the decision.

Oklahoma Supreme Court Denies Rehearing In 10 Commandments Case, With Lengthy Opinions

In an Order dated July 27, 2015, the Oklahoma Supreme Court by a 7-2 vote denied a rehearing in Prescott v. Oklahoma Capitol Preservation Commission, in which the court in June held that a Ten Commandments monument must be removed from the statehouse grounds. (See prior posting.)  The Order denying a rehearing was accompanied by 4 separate concurring opinions and one dissenting opinion (full text), which are much lengthier than the original opinion.

Ten Commandments Challenge Dismissed On Standing Grounds

In Freedom From Religion Foundation, Inc. v. New Kensington-Arnold School District, (WD PA, July 27, 2015), a Pennsylvania federal district court dismissed a challenge to a 6-foot tall Ten Commandments monument on the lawn of a Pennsylvania high school, finding that plaintiffs lacked standing because they have not been injured by the presence of the monument.  They had only a few contacts with it, and there is no evidence that in the future they will be required to visit the high school as part of their ordinary routines. TribLive reports on the decision.  Freedom From Religion Foundation in its press release on the case points out that a companion challenge to a similar monument in Pennsylvania's Connellsville Area School District is still ongoing.

Satanic Temple Chooses Detroit To Unveil Statue Aimed At Oklahoma or Arkansas Statehouse Lawns

The Detroit News reports that The Satanic Temple has chosen Detroit as the site to unveil its 9-foot tall bronze statute of the goat headed Baphomet-- a statue that it hopes to place next to an existing Ten Commandments monument on the Oklahoma state capitol grounds in Oklahoma City, or next to one on the Arkansas state capitol grounds in Little Rock.  The original plans for the Oklahoma location have become less certain after the Oklahoma Supreme Court earlier this month ruled that the Ten Commandments monument must be removed. (See prior posting.)  According to an interview with a Satanic Temple leader published in Wednesday's Detroit Metro Times, Detroit was chosen for the unveiling of the $100,000 sculpture because the city has a strong local chapter and is the location of The Satanic Temple's first chapter house.

Plans for the unveiling, however, have faced difficulties. The owner of the space in Detroit's Eastern Market district where the unveiling was originally planned backed out after a campaign against the statute by the pastor of Detroit's St. Matthew Baptist Church. Salon Magazine discusses at length the threats to destroy the statue posted on Facebook. So now the unveiling is scheduled for tomorrow at a location that will be revealed only to ticket holders through e-mail on the day of the event. The Satanic Temple's website-- though which tickets may be purchased-- extends an invitation reading in part:

The Satanic Temple invites you to join us for a night of chaos, noise, and debauchery at The Unveiling, a hedonistic celebration introducing the controversial Baphomet monument accompanied by provocative performances and installations.

Never before seen in public, The Satanic Temple Baphomet monument is already the most controversial and politically charged contemporary work of art in the world.... The event will serve as a call-to-arms from which we’ll kick off our largest fight to date in the name of individual rights to free exercise against self-serving theocrats.

Oklahoma Governor Opposes 10 Commandments Holding

As previously reported, last week the Oklahoma Supreme Court held that a controversial Ten Commandments monument on the statehouse grounds violates the state constitution.  Yesterday, in response, Oklahoma Gov. Mary Fallin issued a statement (full text) resisting the holding. She said:

The Ten Commandments monument was built to recognize and honor the historical significance of the Commandments in our state’s and nation’s systems of laws. The monument was built and maintained with private dollars. It is virtually identical to a monument on the grounds of the Texas State Capitol which the United States Supreme Court ruled to be permissible.  It is a privately funded tribute to historical events, not a taxpayer funded endorsement of any religion, as some have alleged.

Nevertheless, last week the Oklahoma Supreme Court ruled Oklahoma’s Ten Commandments monument was impermissible. Their decision was deeply disturbing to many in our Legislature, many in the general public, and to me.

Oklahoma is a state where we respect the rule of law, and we will not ignore the state courts or their decisions. However, we are also a state with three co-equal branches of government. At this time, Attorney General Scott Pruitt, with my support, has filed a petition requesting a rehearing of the Ten Commandments case. Additionally, our Legislature has signaled its support for pursuing changes to our state Constitution that will make it clear the Ten Commandments monument is legally permissible. If legislative efforts are successful, the people of Oklahoma will get to vote on the issue. 

During this process, which will involve both legal appeals and potential legislative and constitutional changes, the Ten Commandments monument will remain on the Capitol grounds.

Oklahoma Supreme Court Says 10 Commandments Monument Is Unconstitutional

In Prescott v. Oklahoma Capitol Preservation Commission, (OK Sup. Ct., June 30, 2015), the Oklahoma Supreme Court in a 7-2 decision held that a Ten Commandments Monument placed on the statehouse grounds must be removed. The Court held that even though no state funds were used to acquire the monument, it still operates for the use, benefit or support of a sect or system of religion in violation of Oklahoma Constitution Art. 2, Sec. 5. Rejecting the legislature's claim that the monument serves a non-religious historical purpose, the Court said: "the Ten Commandments are obviously religious in nature and are an integral part of the Jewish and Christian faiths." (See prior related posting.)

Arkansas Legislature Passes Ten Commandments Monument Bill

The Arkansas legislature on Wednesday gave final passage to SB 939, The Ten Commandments Monument Display Act (full text) which directs the secretary of state to arrange for private groups to place a Ten Commandments monument on the State Capitol grounds. The bill has been sent to Governor Asa Hutchinson for his signature.

The bill begins with a series of findings emphasizing the importance of the Ten Commandments as a foundation of the U.S. and Arkansas legal systems. One of the findings reads:

The Ten Commandments represent a philosophy of government held by many of the founders of this nation and by many Arkansans and other Americans today, that God has ordained civil government and has delegated limited authority to civil government, that God has limited the authority of civil government, and that God has endowed people with certain unalienable rights, including life, liberty, and the pursuit of happiness.

The bill also sets out the specific text of the Ten Commandments that is to appear on the monument. The bill authorizes the Attorney General to defend against any legal challenge to the monument, or to request Liberty Legal Institute to prepare and present a defense.  Northwest Arkansas Democrate Gazette reports on the legislature's action.

Challenge To Oklahoma 10 Commandments Monument Dismissed On Standing Grounds

An Oklahoma federal district court yesterday dismissed an Establishment Clause challenge to the Ten Commandments Monument located on the grounds of the Oklahoma State Capitol.  In American Atheists, Inc. v. Thompson, (WD OK, March 10, 2015), the court held that the individual plaintiff in the case lacks standing because she saw the Monument only once before filing suit, and then only because she went looking for it -- apparently in order to create standing to sue. The standing of American Atheists, Inc. depends on the standing of the individual plaintiff who was a member. Reacting to the decision, Oklahoma state Attorney General Scott Pruitt said: "The historical relevance of the Ten Commandments and the role it played in the founding of our nation cannot be disputed. I commend Judge Cauthron’s decision to rule in the state’s favor." AP reports on the decision.

Oklahoma Legislator Will Replace Destroyed 10 Commandments Monument

As previously reported, last month a man, claiming to have been directed to do so by Satan, drove his car into the Ten Commandments monument on the Oklahoma State Capitol grounds.  KOCO today reports that Republican state legislator Mike Ritze who paid $10,000 for the monument says that he has ordered an identical new monument to replace the original that is beyond repair. Again the monument will be paid for by private funds. An Establishment Clause challenge to the original monument was rejected by an Oklahoma state trial court (see prior posting), and the case is now on appeal to the state Supreme Court.

Man Destroys Oklahoma Capitol Ten Commandments, Saying Satan Told Him To Do It

Yesterday the Oklahoma Highway Patrol took into custody a man who Thursday night ran his automobile into the Ten Commandments monument on the Oklahoma State Capitol grounds. The monument was broken into pieces. According to NewsOK, Michael Tate Reed, Jr. told authorities that Satan had directed him to urinate on the monument and destroy it. Reed was taken to a mental health facility for an emergency order of detention and an evaluation.  Last month, a state trial court dismissed an Establishment Clause challenge to the monument (see prior posting), and on Thursday the ACLU had filed an appeal to the state Supreme Court.  Commenting on Thursday's destruction of the monument, the Oklahoma ACLU executive director said: "Whether it is politicians using religion as a political tool or vandals desecrating religious symbols, neither are living up to the full promise of our founding documents." Oklahoma Governor Mary Fallin said she would help raise private funds to repair the monument. And a spokesman for a New York based Satanic Temple that had applied to add its own monument to the Oklahoma Capitol grounds (see prior posting) said: "If our monument stands at the state Capitol, we want it to complement and contrast the (Ten) Commandments, with both standing unmolested as a testament to American religious freedom and tolerance."

Oklahoma Trial Court Rejects Challenge To State Capitol Ten Commandments

AP reports that an Oklahoma state trial court has dismissed an Establishment Clause challenge to a Ten Commandments monument on Oklahoma State Capitol grounds. The court in Prescott v. Capitol Preservation Commission, (OK Cnty Dist. Ct., Sept. 19, 2014), held that the monument, which is on statehouse grounds that have 51 other monuments as well, held that "the Ten Commandments monument on the Oklahoma Capitol grounds is constitutional because of its historical value." According to AP:

The 6-foot-tall granite monument was authorized by the Legislature in 2009 and was erected in 2012 after Republican state Rep. Mike Ritze and his family paid nearly $10,000 for it. The monument's placement has led others to seek their own on the Capitol grounds, including a satanic group that earlier this year unveiled designs for a 7-foot-tall statue of Satan.

In a release reacting to the decision, the Oklahoma ACLU said:

We respectfully disagree with the decision of the court.... [I]t is offensive to [plaintiffs] that this sacred document has been hijacked by politicians. We will appeal this decision and ask the Oklahoma Supreme Court to find that the Oklahoma Constitution does not give the government the power to cheapen inherently religious texts.

(See prior related posting.) [Thanks to How Appealing for the lead.]

8th Circuit: North Dakota Ten Commandments Monument Is OK

In Red River Freethinkers v. City of Fargo, (8th Cir., Aug. 25, 2014), the U.S. 8th Circuit Court of Appeals in a 2-1 decision held that a Ten Commandments monument at Civic Plaza in Fargo, North Dakota is permissible under Supreme Court and 8th Circuit precedent. Judge Bye dissening argued that this case differs from those where similar monuments have been upheld because here it permanently stands alone in a prominent location. He contended that the district court erred in granting summary judgment for defendants because factual questions remain about the city's involvement with the religious motives of the monumnent's backers.

Ten Commandments On City Hall Lawn Violates Establishment Clause

In Felix v. City of Bloomfield, (D NM, Aug. 7, 2014), in a decision described by the court as "a very close case," a New Mexico federal district court held that a 5-foot tall Ten Commandments monument on the lawn in front of the Bloomfield, New Mexico municipal building violates the Establishment Clause. The monument was constructed on city property by a former member of city council under a city council policy on the placement of monuments on the city lawn. Summarizing its 32-page decision, the court said:

a. Plaintiffs have Article III standing because they have regular, direct, and unwelcome contact with the Ten Commandments monument and therefore have suffered an “injury-in-fact”.... 

b. The Ten Commandments monument is government speech ... because the ... monument is a permanent object located on government property and it is not part of a designated public forum open to all on equal terms.

c. In view of the circumstances surrounding the context, history, and purpose of the Ten Commandments monument, it is clear that the City of Bloomfield has violated the Establishment Clause because its conduct in authorizing the continued display of the monument on City property has had the primary or principal effect of endorsing religion.

Challenge To Oklahoma 10 Commandments Monument Can Move Forward

In American Atheists, Inc. v. Thompson, (WD OK, May 22, 2014), an Oklahoma federal district court refused to dismiss an Establishment Clause challenge to a Ten Commandments monument on the grounds of the Oklahoma state capitol. Even though the monument is identical physically to the one upheld in 2005 by the U.S. Supreme Court in Van Orden v. Perry, the court said that the physical setting and context in which it is displayed is different.  The court also refused to dismiss plaintiffs' claim that the monument and the state's moratorium on other monuments violates the Equal Protection clause.  The court however did dismiss one of the several plaintiffs for lack of standing. An American Atheists press release has more background.

Georgia Legislature Authorizes Ten Commandments Monument On State Capitol Grounds

According to WSB-TV News, the Georgia State Senate yesterday gave final passage and sent to the governor for his signature HB 702 which authorizes placing within the capitol building or on the statehouse grounds a "historic granite monument" depicting the Preamble to the Georgia Constitution, a line from the Declaration of Independence, and the Ten Commandments. The monument is to be funded only by private contributions.  The bill passed the House last week by a vote of 138-37.  It passed the Senate yesterday by a vote of 40-10.

American Atheists Sue Over Oklahoma Capitol Ten Commandments

On Monday, the American Atheists filed a federal court lawsuit against the Oklahoma State Capitol Preservation Commission challenging the Ten Commandments monument erected in 2012 on the Oklahoma State Capitol Grounds. (Press release.)  The complaint (full text) in American Atheists Inc. v. Thompson, (WD OK, filed 1/13/2014) includes a lengthy analysis of the text and design of the display.  The ACLU has previously filed a state court lawsuit challenging the monument (see prior posting). In December, the State Capitol Preservation Commission placed a moratorium on new applications to erect monuments on the capitol grounds as proposals to put up competing monuments proliferated. (See prior posting.) In its complaint, American Atheists says that if it loses its bid to have the Ten Commandments removed, it will also seek permission to place a monument on the capitol grounds. KRMG News reports on the lawsuit.

Oklahoma Capitol Commission Puts Moratorium On Applications For New Statehouse Monuments

According to AP, the Oklahoma Capitol Preservation Commission voted yesterday to impose a moratorium on requests for new displays on the statehouse grounds until a pending lawsuit over a Ten Commandments monument there is resolved. News of the monument put up last year triggered a request from a New York-based Satanic Temple for permission to also put up a monument.  That was quickly followed by requests from a Hindu group in Nevada, the People for the Ethical Treatment of Animals, and the satirical Church of the Flying Spaghetti Monster. (See prior related posting.) The Commission chairman said passing on any of these requests now would be premature.