City can't allow Commandments monument yet bar other religious displays
By The Associated Press
07.25.02
OGDEN, Utah — A federal appeals court has ruled that the city cannot display the Ten Commandments in Ogden Municipal Gardens while denying another group the right to display its beliefs there.
Mayor Matthew Godfrey has said he may appeal the ruling that would allow a religious group to put its own doctrine next to the Ten Commandments monument on the government property.
"We're obviously very disappointed," Godfrey said on July 22. "We may need to talk to our legal counsel to see where we go from here. The ruling may be something we want to appeal."
The 10th U.S. Circuit Court of Appeals ruled July 19 that Ogden could not display the religious statements of one organization while denying another group the right to display its religious statements in that same location.
The appeals court in Denver ordered the case sent back to U.S. District Judge Bruce Jenkins in Salt Lake City to re-examine the case in light of its decision. The July 19 ruling could be appealed to the U.S. Supreme Court or to a full panel of judges in the 10th Circuit.
The 5-foot granite monument of the Ten Commandments was given to the city in 1966 by the Fraternal Order of Eagles.
Summum, a Salt Lake City-based religion that draws on ancient Egyptian philosophy, sought to place seven of its statements of principles next to the tablet.
The city denied the request, contending the Summum principles had no historical, cultural or secular significance to the development of the region. Summum sued and Jenkins upheld the city.
Rick Van Wagoner, the attorney who argued on the city's behalf, said the appellate court did not address the issues he had urged the case be decided upon.
He said that instead of examining whether the monument violated separation of church and state, the court chose to look at the free-speech aspect of the dispute.
"They did the exact opposite of what we asked it to do," Van Wagoner said. "Our main argument was that it should not have been a speech analysis. It should have solely been an establishment-clause issue."
Because the area has six other monuments — four to pioneer settlers, one recognizing slain lawmen and another honoring Ogden's sister city, Van Wagoner contended the religious nature was neutralized and that the Ten Commandments were really "an artifact of an ancient, bygone era."
Summum attorney Brian Barnard called July 19 ruling "a victory for the First Amendment and a victory for diversity."
"A government entity like Ogden needs to be careful when they start picking and choosing who can speak and who can't speak," Barnard said.
Godfrey indicated allowing the Summum to display its monument would open up a Pandora's Box.
"That's part of the reason we denied their request in the first place," Godfrey said. "We see the obvious problem with doing that. We would very likely have a religious-monument forest on our hands."