News Article
Ten Commandments Plaque: County Commissioners Discuss What To Do In Light Of Recent Supreme Court Decision

 

Sun Photos by Phil Gentry
About 50 people attended Monday evening’s meeting of the Greene County Commission in apparent support of a Ten Commandments plaque placed in the lobby in 1999. Bruce St. Laurent, shown holding a petition in the photo at lower left, criticized recent U.S. Supreme Court rulings on Ten Commandments displays, while urging the commission to leave the plaque in place. County Attorney Roger Woolsey, shown at lower right, explained the county government’s limited options, in light of a Supreme Court ruling on a display in Kentucky that is much like the one here.


By: By TOM YANCEY/Staff Writer
Source: The Greeneville Sun
07-19-2005
 

In light of recent U.S. Supreme Court rulings on the display of the Ten Commandments on public property, about 50 people attended Monday’s meeting of the Greene County Commission.

Most of those present apparently were in support of leaving the Ten Commandments display in place in the lobby of the Greene County Courthouse. However, no action was taken Monday.

County Mayor Roger Jones and County Attorney Roger Woolsey explained the county government’s options in the aftermath of two U.S. Supreme Court decisions relating directly to Ten Commandments displays.

Woolsey said one case, that of McCreary County, Ky. vs. the American Civil Liberties Union of Kentucky, has many similarities to the situation here. The nation’s highest court ruled 5 to 4 that the McCreary County courthouse display is unconstitutional.

The other case involved an outdoor display on the grounds of the Texas state Capitol in Austin, where the Ten Commandments are displayed with other religious and non-religious memorials. In that case, also a 5-4 ruling, the court said the display passed the test for constitutionality.

Mayor Jones and Woolsey asked that the county commissioners refrain from reacting or expressing themselves emotionally, because religious statements by elected officials have been cited in similar cases as proof that an elected body was in effect promoting religion, even though the stated purpose of a Ten Commandments display was historical.

Mayor Jones said at the beginning of the meeting that he would prefer that no decision be made on Monday. He urged commissioners to talk to their constituents about what to do.

“I don’t think this is a decision we need to make rashly or quickly,” Mayor Jones said. He said this decision needs some time, some thought, and “needs some prayer.”

‘Give It Time’

Bruce St. Laurent, chairman of the United Prayer Fellowship, a local Christian group that promotes the public recognition of God in various ways, also urged the County Commission to “give it time.”

St. Laurent, the only member of the public who asked to speak, noted that he was not speaking officially for the UPF.

Instead, St. Laurent said he was speaking for the 1,300 citizens who petitioned the commission in 1999, asking that the Ten Commandments be displayed, and the 457 citizens who paid for the creation of several metal plaques that make up the Ten Commandments display.

St. Laurent said the two Supreme Court decisions have resulted in “muddy water,” and have produced “an outcry all across this country.”

An unrelated property rights decision issued since then, he said, has produced further dissatisfaction with what he charged is “a runaway Supreme Court.” The only lasting solution, St. Laurent said, will have to come from Congress, which he said “has a responsibility to resolve this problem.”

St. Laurent noted that the Greene County Commission has already gone on record as being in favor of the public “recognition of God as the foundation of our national heritage,” in a unanimous 2003 resolution.

More than half of the counties in Tennessee have adopted the same or similar resolutions since then, he said, and the state legislature “with not one dissenting vote,” has also passed a similar resolution.

“Do not take the Ten Commandments down, we beg of you,” St. Laurent said, noting that “no one has ever hinted at a lawsuit in this county” regarding the plaque.

No Requests To Remove Display

Later, Commissioner Kevin Morrison read from a newspaper clipping in which The Associated Press quoted Hedy Weinberg, executive director of the ACLU in Tennessee, as saying that organization “isn’t likely to file a number of lawsuits in Tennessee” in light of the Supreme Court decisions.

Weinberg is also quoted as saying, “Litigation is a last resort,” but adding that the rights of people who do not practice a religious faith have to be “respected, too.”

Commissioner Hilton Seay asked, “Have we had ... requests to take it down?” Woolsey said there have been no requests.

Jones said, “We have had people express opposition, but no requests.” When Mayor Jones returned to the subject at the end of the meeting, he said he personally has trouble being “rational” about the question, because he believes “the Ten Commandments plaque we have in the lobby has historic value to our community, state and nation,” and “is a great part of the foundation ... this country was built on.”

Jones said, “In my opinion, it’s not debatable, the role that belief in God played” in the founding of the United States.

But Mayor Jones added, “The Supreme Court is still the rule of the land,” and the court’s independence and the rule of law is “a part of what makes this nation stand out.”

Mayor Jones said he has read the 80-page McCreary County ruling several times, as has Woolsey, and they had discussed it “with many individuals, with sister counties we know have similar displays,” and with attorneys directly involved.

Other Counties’ Situations

In Monroe County, Tenn., where a similar case was pending, the local judge delayed his ruling until the Supreme Court ruled, and that county has been given until Friday by the ACLU, which threatens to “force the issue” if the plaque is not removed by then, Woolsey said.

In Rutherford County, near Nashville, a plaque has come down already, he noted. Other counties are saying “We’re leaving (the Ten Commandments) up until we’re made to take them down,” Jones said.

Mayor Jones said one obvious response to the Supreme Court ruling would be to take the display down.

But he also said he believes that there are “alternatives” to doing that, or to simply waiting to see if someone brings a lawsuit.

However, Jones said that if the county simply leaves the plaque in place and waits, and a lawsuit is filed, then the county’s options will be limited.

“I do have a recommendation, but I don’t want to make it at this time,” Jones said.

Woolsey said that if a lawsuit were to be filed and the county government lose, then federal guidelines would mean that the county could wind up paying legal expenses for the opposition, which realistically could be $50,000 to $100,000.

When Jones said some believe “the battle could be worth fighting,” many in the audience were heard saying, “Amen,” indicating agreement.

If that is what is decided, then Jones said that he would rather see the county “get prepared” and “be proactive” rather than simply waiting for others to act.

“I say, use the intelligence the good Lord gave us,” Jones said, and think creatively, in defending the plaque.

Woolsey said one possible option might be to cover the Ten Commandments plaque, and “put up a statement” about why.

“I think that would cut the mustard, legally,” the attorney said. The decision is one for the County Commission to make, Jones said, but he also encouraged the public to contact their commissioners with their ideas and opinions.

At the next County Commission meeting, he said, “extensive comments from the public” will be allowed, though time limits may be required.

Further details on Monday’s meeting will appear in a later edition of the Sun.