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Page: Profile: Wren's Nest News Local
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Article: 13766
[Legal]
Date Posted:
8/19/2005
7:07:29 pm EDT
Wvox Stats
Views: 4,786
RSS: 14,680
Comments: 4
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Full 8th Circuit OKs Nebraska Commandments Display
Author: The Associated Press Source: First Amendment Center Online
Title: FULL 8TH CIRCUIT OKS NEBRASKA COMMANDMENTS DISPLAY
A federal appeals court today reversed its earlier ruling that said a Ten Commandments monument must be removed from a city park in Plattsmouth.
The ruling is the latest in a contentious debate being contested across the United States, as opponents to religious moments say they breach the Constitution’s separation of church and state, while other groups say they simply reflect the nation’s historic religious roots.
The court cited a recent ruling by the U.S. Supreme Court that said it was constitutionally permissible to display the Ten Commandments on the grounds of the Texas Capitol.
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Community Thoughts: There are 4 comments posted | Reverse Sort |
| And The Winner Is...... | Aug 21st. at 5:05:33 pm EDT
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Terry (Irvington, Virginia) - Email Me - Web
The big winners in these 15 or so suggestions carved in stone (minus the third tablet Moses dropped) cases are the lawyers. They profit however the courts rule.
This Nebraska case isn't the only very recent Federal decision over a public religious display of this sort. From an ACLU of Georgia press release (linked below) :
"July 19 -- Today, United States District Court Judge William O’Kelley signed a Consent Order, which was proposed jointly by Barrow County and the ACLU of Georgia, that requires Barrow County to immediately remove the Ten Commandments display currently hanging in the Barrow County Courthouse."
"“Now all citizens of Barrow County, regardless of their religious beliefs, can feel welcome in their own community. They will no longer feel like outsiders in their own courthouse, ” said Maggie Garrett, Staff Attorney with the ACLU of Georgia.
In addition to having to remove the display, the County will be prohibited from posting similar displays in the future and must reimburse the ACLU $150, 000 in attorneys’ fees and expenses."
"The ACLU filed the case on behalf of “John Doe, ” who wants his identity protected because he fears reprisals. John Doe will remain anonymous under the Order. "
Note how this GA case resulted in $150, 000 in Plaintiff legal fees to the County payable to the state ACLU chapter, for a case which was only heard in District Court, and was settled by a consent order (the parties negotiated and agreed on a remedy the judge signed) rather than trial. This reminds us how incredibly cheaply Great Falls got off with $18, 000 for this round of legal fees, including trial, and only another $47, 000 for usually substantially more expensive Appellate review plus motions to the Supreme Court resulting in denial of Cert. The taxpayers of Great Falls perhaps might send letters of thanks to that state's ACLU and Darla's lawyer, for not using tactics or process that could easily have run their legal tab to around $500, 000.
Also notable is the sealed identity of the GA Plaintiff, which decision might also reflect Darla's case, and the sad reality that "christian" too often in reality means malicious, predatory, violent felon. How unChristian of them.
More comparisons will be found in a newer WitchVOX story above, as ACLU of GA just filed a Federal prayer case against another county there. It's like we need public service ads that parody the "time to make the donuts" saying, but with "time to take out the trash", the trash being corrupt government officials flouting civil rights and the law.
In fact, the ACLU national is starting a TV educational campaign next month, via satellite, colleges, streaming Webcast, or available on DVD for $5 including shipping. [Web LINK] Given surveys showing over half of voters and potential jurors lack fundamental understanding of core civil rights, this could be an incredibly useful public service.
To some extent, the Supreme Court got it right that there are issues of tricky rights balances when religious documents are also part of national history, and that deciding which they are intended to be, or amount to in overall impression, requires review of context and other details. Let's hope the courts act with honesty and integrity when they no doubt are called to hear many more of these cases, and don't play perverse lawyer games of trying to evade honest decisions using technical legal excuses or worse, deciding based on judicial bias and drafting supporting arguments that don't honestly reflect the legal "fact" of specific cases.
Find More info -- HERE
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| Another Loophole Found And Exploited. | Aug 20th. at 12:09:20 pm EDT
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bigcat (peoria, Illinois) - Email Me
I wonder what else will be continued "historical" in order to stick it into people's faces?
Why not the Nebraska State constitution?
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