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Wednesday, May 17, 2000
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TESTING THE FAITH
Banned in Kentucky: God, country, etc.
10 Commandments, Mayflower Compact, Declaration of Independence, U.S. motto
by Julie Foster
Today, schools and courthouses in eastern Kentucky are taking down displays of historical documents -- including the Mayflower Compact and the preamble to the state's constitution -- in compliance with an order from Federal District Judge Jennifer Coffman, who said the displays are a violation of the First Amendment.
Set up over the course of last year in Harlan County schools and the courthouses of McCreary and Pulaski counties, the displays have the effect of "conveying a very specific governmental endorsement of religion," says Coffman's order.
Beginning as postings of the Ten Commandments, the exhibits were augmented to include historical documents that show America's reliance on Judeo-Christian value systems in civic life.
According to Coffman's ruling, issued May 5, the additional documents were added by the schools and counties who "conceded that they did so in an attempt to bring the display within the parameters of the First Amendment and to insulate themselves" from a lawsuit filed by American Civil Liberties Union in November of last year.
The judge claimed, however, the revised displays still do not pass constitutional muster, as they were specifically designed to promote Christianity.
Displays contained the following documents:
an excerpt from the Declaration of Independence, saying, "All men ... are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness";
the preamble to the Constitution of Kentucky, which states, "We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution";
the national motto, "In God we trust";
a page from the congressional record of Wednesday, Feb. 2, 1983, Vol. 129, No. 8, which declares 1983 as the "Year of the Bible" and lists the Ten Commandments;
a proclamation by President Ronald Reagan marking 1983 the "Year of the Bible";
a proclamation by President Abraham Lincoln designating April 30, 1863, a "National Day of Prayer and Humiliation";
an excerpt from President Lincoln's "Reply to Loyal Colored People of Baltimore upon Presentation of a Bible" reading, "The Bible is the best gift God has ever given to man";
the Mayflower Compact, in which the colony's founders invoke "the name of God" and explain that their journey was taken, among other reasons, "for the glory of God and advancement of the Christian faith."
Because displays originally included only the Ten Commandments, and because the revised displays still contained copies of them, Coffman refers to the displays throughout her ruling as "the Ten Commandments."
Defendants, including Judge Darrell BeShears of Pulaski County, who set up a display in his courthouse, maintain their purpose was to teach residents and students about American religious history and the foundations of the modern state.
However, Coffman said defendants "narrowly tailored" their selection of "foundational documents to incorporate only those with specific references to Christianity and texts that, while promulgated by the federal government, were chosen solely for their religious references."
"The display does not appear to have been intended to educate ... [c]ounty residents, in a balanced or accurate manner, about the traditions and texts that were drawn upon by this nation's founders or about the complex role religion has played in this country's history," she continued.
Coffman admitted "a display of some of these documents may not have the effect of endorsing religion in another context," but the defendants' motives and lack of a posted explanation that the display was to show "the documents' historical significance" render the exhibits unconstitutional.
Harlan, Pulaski and McCreary counties asked Coffman for a stay of the ruling during the appeals process, but the request was denied on the basis that the anonymous plaintiffs "will be substantially harmed ... because they will continue to suffer the violation of their constitutional rights."
"We certainly agree with her ruling," said Jeff Vessels, executive director of the ACLU of Kentucky. "[Coffman's] denial of the stay demonstrates that there is significant and immediate harm to the plaintiffs and that, in her judgment, there is little chance that these displays could be found constitutional."
Vessels indicated the counties had ulterior motives in including historical documents in the display.
"The excerpts were selected because of their religious content," he said. "She saw right through that."
"The courts typically look at motivation or the purpose ... and they also look at the effect," Vessels told WorldNetDaily. "In this case, the purpose and effect [was] to clearly promote religion. The context is very critical. These kinds of displays really need to be looked at on a case-by-case basis."
Attorney Johnnie Turner, who represents the Harlan County schools, told WND the exhibited documents are mistakenly referred to as "excerpts."
"The only thing you can say is an excerpt ... is the Declaration of Independence and the preamble to the Kentucky Constitution," he said.
Each display in Harlan County schools was accompanied by copies of a resolution passed by the school board on Dec. 30, 1999, encouraging the display of historical documents regardless of religious content, and a Kentucky statute authorizing the exhibit of founding, historical documents.
In fact, KRS 158.195, passed by the Kentucky General Assembly in 1992, states unequivocally: "There shall be no content-based censorship of American history or heritage in the Commonwealth based on religious references in these writings, documents, and records."
The counties have filed for an appeal, though attorneys may request that the case be remanded for clarification of the ruling.
"The judge says we cannot post anything similar. Does she mean we cannot post the Kentucky Constitution?" asked Turner, also a state legislator.
In reference to the Lincoln quote included in the exhibits, Turner asks, "How much of that document do you have to post" before it becomes constitutional?
"The American people better look at what's happening in these cases," he urged. "We are allowing ... our history to be censored and suppressed. Do we have to ask a judge each time, 'Do we have enough of [this document] up?' Or can the ACLU come in and say [the document] had a religious intent?"
"This holding is scary, and it should be scary to every American," Turner added. "The fight has just begun."
"With the good Lord's help, we shall win," the attorney concluded. "We need the prayers and support of Americans."
--------------------------------------------------------------------------------
Readers can express their views on this or any other public policy issue at WorldNetDaily's Legislative Action Center, which provides instant access to state and federal representatives, media outlets and additional legislative information.
--------------------------------------------------------------------------------
To read more articles like this one, visit http://www.worldnetdaily.com/
------------------
Slowpoke Rodrigo...he pack a gon...
I voted for the Neal Knox 13
I'll see you at the TFL End Of Summer Meet!
Wednesday, May 17, 2000
--------------------------------------------------------------------------------
TESTING THE FAITH
Banned in Kentucky: God, country, etc.
10 Commandments, Mayflower Compact, Declaration of Independence, U.S. motto
by Julie Foster
Today, schools and courthouses in eastern Kentucky are taking down displays of historical documents -- including the Mayflower Compact and the preamble to the state's constitution -- in compliance with an order from Federal District Judge Jennifer Coffman, who said the displays are a violation of the First Amendment.
Set up over the course of last year in Harlan County schools and the courthouses of McCreary and Pulaski counties, the displays have the effect of "conveying a very specific governmental endorsement of religion," says Coffman's order.
Beginning as postings of the Ten Commandments, the exhibits were augmented to include historical documents that show America's reliance on Judeo-Christian value systems in civic life.
According to Coffman's ruling, issued May 5, the additional documents were added by the schools and counties who "conceded that they did so in an attempt to bring the display within the parameters of the First Amendment and to insulate themselves" from a lawsuit filed by American Civil Liberties Union in November of last year.
The judge claimed, however, the revised displays still do not pass constitutional muster, as they were specifically designed to promote Christianity.
Displays contained the following documents:
an excerpt from the Declaration of Independence, saying, "All men ... are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness";
the preamble to the Constitution of Kentucky, which states, "We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution";
the national motto, "In God we trust";
a page from the congressional record of Wednesday, Feb. 2, 1983, Vol. 129, No. 8, which declares 1983 as the "Year of the Bible" and lists the Ten Commandments;
a proclamation by President Ronald Reagan marking 1983 the "Year of the Bible";
a proclamation by President Abraham Lincoln designating April 30, 1863, a "National Day of Prayer and Humiliation";
an excerpt from President Lincoln's "Reply to Loyal Colored People of Baltimore upon Presentation of a Bible" reading, "The Bible is the best gift God has ever given to man";
the Mayflower Compact, in which the colony's founders invoke "the name of God" and explain that their journey was taken, among other reasons, "for the glory of God and advancement of the Christian faith."
Because displays originally included only the Ten Commandments, and because the revised displays still contained copies of them, Coffman refers to the displays throughout her ruling as "the Ten Commandments."
Defendants, including Judge Darrell BeShears of Pulaski County, who set up a display in his courthouse, maintain their purpose was to teach residents and students about American religious history and the foundations of the modern state.
However, Coffman said defendants "narrowly tailored" their selection of "foundational documents to incorporate only those with specific references to Christianity and texts that, while promulgated by the federal government, were chosen solely for their religious references."
"The display does not appear to have been intended to educate ... [c]ounty residents, in a balanced or accurate manner, about the traditions and texts that were drawn upon by this nation's founders or about the complex role religion has played in this country's history," she continued.
Coffman admitted "a display of some of these documents may not have the effect of endorsing religion in another context," but the defendants' motives and lack of a posted explanation that the display was to show "the documents' historical significance" render the exhibits unconstitutional.
Harlan, Pulaski and McCreary counties asked Coffman for a stay of the ruling during the appeals process, but the request was denied on the basis that the anonymous plaintiffs "will be substantially harmed ... because they will continue to suffer the violation of their constitutional rights."
"We certainly agree with her ruling," said Jeff Vessels, executive director of the ACLU of Kentucky. "[Coffman's] denial of the stay demonstrates that there is significant and immediate harm to the plaintiffs and that, in her judgment, there is little chance that these displays could be found constitutional."
Vessels indicated the counties had ulterior motives in including historical documents in the display.
"The excerpts were selected because of their religious content," he said. "She saw right through that."
"The courts typically look at motivation or the purpose ... and they also look at the effect," Vessels told WorldNetDaily. "In this case, the purpose and effect [was] to clearly promote religion. The context is very critical. These kinds of displays really need to be looked at on a case-by-case basis."
Attorney Johnnie Turner, who represents the Harlan County schools, told WND the exhibited documents are mistakenly referred to as "excerpts."
"The only thing you can say is an excerpt ... is the Declaration of Independence and the preamble to the Kentucky Constitution," he said.
Each display in Harlan County schools was accompanied by copies of a resolution passed by the school board on Dec. 30, 1999, encouraging the display of historical documents regardless of religious content, and a Kentucky statute authorizing the exhibit of founding, historical documents.
In fact, KRS 158.195, passed by the Kentucky General Assembly in 1992, states unequivocally: "There shall be no content-based censorship of American history or heritage in the Commonwealth based on religious references in these writings, documents, and records."
The counties have filed for an appeal, though attorneys may request that the case be remanded for clarification of the ruling.
"The judge says we cannot post anything similar. Does she mean we cannot post the Kentucky Constitution?" asked Turner, also a state legislator.
In reference to the Lincoln quote included in the exhibits, Turner asks, "How much of that document do you have to post" before it becomes constitutional?
"The American people better look at what's happening in these cases," he urged. "We are allowing ... our history to be censored and suppressed. Do we have to ask a judge each time, 'Do we have enough of [this document] up?' Or can the ACLU come in and say [the document] had a religious intent?"
"This holding is scary, and it should be scary to every American," Turner added. "The fight has just begun."
"With the good Lord's help, we shall win," the attorney concluded. "We need the prayers and support of Americans."
--------------------------------------------------------------------------------
Readers can express their views on this or any other public policy issue at WorldNetDaily's Legislative Action Center, which provides instant access to state and federal representatives, media outlets and additional legislative information.
--------------------------------------------------------------------------------
To read more articles like this one, visit http://www.worldnetdaily.com/
------------------
Slowpoke Rodrigo...he pack a gon...
I voted for the Neal Knox 13
I'll see you at the TFL End Of Summer Meet!
