Federal appeals panel: Indiana Ten Commandments display is unconstitutional

By The Associated Press

12.15.00

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Ten Commandments monument at Elkhart City Hall on Dec. 13.

CHICAGO — A federal appeals panel has ruled that a Ten Commandments monument on the lawn of an Elkhart, Ind., municipal building violates laws separating church and state, reversing the decision of a federal judge.

A three-judge panel of the 7th U.S. Circuit Court of Appeals ruled Dec. 13 that citizens who found religious implications in the six-foot monument would be required to "come into direct and unwelcome contact with the Ten Commandments to participate fully as citizens of Elkhart."

While attorneys for the city argued the monument had historical value, the panel found the free-standing tablet could not be stripped of its "sacred significance."

The court ruled that the Ten Commandments went beyond secular laws in regard to murder, stealing and false witness, to address religious duties such as worshipping God and not taking the Lord's name in vain.

Elkhart residents William A. Books and Michael Suetkamp sued the city in 1998 over the monument, which has stood in front of the City Hall since it was dedicated in 1958.

U.S. District Court Judge Allen Sharp threw out the lawsuit last year, saying courts should not rule on issues of public religious expression.

The Indiana Civil Liberties Union appealed the ruling on behalf of Books and Suetkamp earlier this year.

Elkhart Mayor David L. Miller immediately chastised the judges' decision.

"We believe the court has sent exactly the wrong message and has demonstrated a contempt for the principle of the foundation of our republic," Miller said. "I am deeply disappointed. If these judges wish to see the fruit of a nation that does not revere the Ten Commandments, I invite them to move somewhere else."

The city will appeal the decision to the U.S. Supreme Court, city attorney Vlado Vranjes said.

Suetkamp, an atheist, said the city was not discriminating against any one religion, but an individual's freedom in not choosing one.

"They can accept Judaism, Muslims," Suetkamp said. "Everything is fine except atheism. It just isn't right."

Another group, Americans United for Separation of Church and State, praised the ruling.

"The court has laid out a new commandment for government officials: Thou shalt not meddle in religion," said the Rev. Barry W. Lynn, executive director of the Washington, D.C.-based group which filed a brief in the case.

"The Ten Commandments have done pretty well for themselves for centuries," Lynn said in a news release. "They don't need any help from politicians in Elkhart, Ind., or anywhere else."

Miller, meanwhile, is appealing to outside groups to help in the city's fight to keep the monument.

"We're calling on people across both the state and the nation who believe in this cause to help us out in any way that they can," Miller said.

Update

High court refuses to hear dispute over Ten Commandments display
Three justices issue statement explaining why they wanted to consider Indiana case, while another justice releases note opposing dissenters.  05.29.01

Previous

Ten Commandments measure introduced in Michigan House
Church-state scholar says bill allowing posting of religious codes on public property has 'constitutionally fatal flaws.'  10.12.00

Civil rights group sues Indiana over Ten Commandments monument
Governor, state lawmaker defend planned display, saying it won't violate separation of church, state.  05.19.00

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