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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. |