ACLU files contempt motion for reposting of Ten Commandments
By The Associated Press
12.08.00
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LOUISVILLE, Ky. — A civil liberties group asked a federal court
yesterday to hold two rural Kentucky counties in contempt for reposting the Ten
Commandments in their courthouses.
The American Civil Liberties Union of Kentucky filed a motion in
federal court to have McCreary and Pulaski counties, and their top officials,
held in contempt for allowing the commandments to go back up.
The commandments were removed for a short time in response to a ruling
by U.S. District Judge Jennifer Coffman. Coffman issued a temporary injunction
in May ordering the displays taken down pending a ruling on a lawsuit by the
ACLU seeking to permanently ban the displays.
The two counties reposted the exhibits in October with a few
modifications, triggering the ACLU's latest action.
"It is still unconstitutional and it is in violation of Judge
Coffman's order," David Friedman, general counsel for the ACLU of Kentucky,
said at a news conference announcing the filing of the contempt motion.
No hearing date has been set on the motion in federal court in London,
Ky., Friedman said.
The repostings included modifications. The commandments were displayed
in smaller frames and placed alongside other historical documents, including
the Declaration of Independence and the Bill of Rights.
At the time, attorneys representing both counties contended that the
repostings were legal and did not violate the judge's order since the displays
featured historical documents.
ACLU officials disagree. The inclusion of historical documents doesn't
change the religious nature of the displays, Friedman said.
The counties have at least one option that would let them post the
commandments without triggering an ACLU protest, he said.
The ACLU would drop its objections if the county governments had a
"free speech wall" where anyone could post their views without government
control, Friedman said, adding that that would mean anyone, including Nazis and
Satanists, could post their views, he said.
The ACLU did not recommend any court-imposed penalties against the
counties if they are found in contempt. Friedman said contempt orders usually
result in fines or jail time.
Pulaski County Judge-Executive Darrell Beshears was attending a
conference yesterday and could not be reached for comment.
McCreary County Judge-Executive Jimmie Greene referred comment to
attorneys representing the county.
Both officials have steadfastly supported posting the commandments
since the displays were first put up last year following school shootings. Some
religious leaders and lawmakers nationwide began pointing to the Bible as a
solution to school violence and a perceived moral decline.
Attorneys for the Liberty Counsel, a Florida-based legal assistance
group representing the counties, could not be reached for comment.
The ACLU filed suit in November 1999 to have the commandments removed
from courthouses in McCreary and Pulaski counties and schools in Harlan
County.
The ACLU also is challenging a state law enacted this year to return a
monument to the Ten Commandments to the state Capitol grounds. A federal
judgeruled that the monument would violate the constitutional
prohibition against government endorsement of religion. The state has appealed
to the 6th U.S. Circuit Court of Appeals.
Update
Kentucky officials ordered to remove Ten Commandments displays — again
Three counties had reposted religious codes despite federal judge’s previous order to take them down.
06.25.01
Previous
Kentucky county reposts Ten Commandments in courthouse
Federal judge had ordered religious tenets removed pending outcome of ACLU suit.
10.12.00
Federal judge orders religious codes out of Kentucky schools, courthouses
Court concludes that Ten Commandments serve no secular purpose in public spaces.
05.08.00
Kentucky officials defend Ten Commandments displays in courthouses, schools
But ACLU attorney tells federal judge that displays' purpose is religious and amounts to an unconstitutional mix of church and state.
04.21.00
Related
Kentucky school district posts religious codes despite judge's order
Ten Commandments Advancement Fund official says group's goal is to have codes displayed in every school in the state.
10.30.00
