In what could be argued as holding a preference for Christianity, Johnson County, Tennessee displays the Ten Commandments in its lobby alongside the Constitution, the Declaration of Independence and the Bill of Rights, but has denied the hanging of posters detailing the legal history of separation of church and state. What began as a simple request from a citizen in the county is now turning into a legal debate strung out over two years with Johnson County and Liberty Counsel on one side, and Americans United for Separation of Church and State on the other.
The debate began when Ralph Stewart, a citizen of Johnson County, noticed that the Ten Commandments hung alone on the Johnson County courthouse wall. He filed a complaint with the county in September of 2008 regarding the hanging of the Ten Commandments, which began a countermovement in the town. The Tomahawk, a newspaper reporting on the Mountain Valley, TN area reported:
Almost immediately, Scott Teague, a local businessman came forward and united citizens wanting to retain the plaque into an organized effort, calling the group The Ten Commandment Warriors. Led by Teague, approximately 400 people gathered outside the courthouse prior to the October commissioners meeting to show their support for keeping the Ten Commandments in place. They presented the county commission with a petition signed by more than 9,000 Johnson County citizens supporting that cause.
County mayor at the time, Dick Grayson, contacted the American Center for Law and Justice (ACLJ) and the Alliance Defense Fund ((ADF) for counsel regarding the matter. Acting on their advice and what they believed to be the wishes of the vast majority of the county’s residents, the commissioners unanimously voted to adopt a resolution that the plaque be made part of a historical document display in the lobby of the courthouse as a public forum for the citizenry of the county."
Money was raised, and a new display was unveiled in August, 2009 as a public forum. The Ten Commandments now hung with the Declaration of Independence, the Constitution and the Bill of Rights. Stewart protested further, by saying that both sides of the issue were not being represented. He proposed hanging two posters with the display; one was entitled "“On the Legal Heritage of the Separation of church and State” and the other was “The Ten Commandments Are Not the Foundation of American Law.” The commissioner's meeting unanimously voted against hanging the posters, claiming upon consultation with a legal firm, that they were not part of a public forum.
Stewart and Americans United for Separation of Church and State filed a lawsuit. Writes Joseph L. Conn for AU:
AU and plaintiff Ralph Stewart are challenging the Johnson County Commission’s decision to display the Ten Commandments and Christian literature in the courthouse lobby while refusing to allow citizens to display posters about the historic role of church-state separation in American law."
Enter Mat Staver, of Liberty Counsel and dean of Liberty University, founded by Jerry Falwell. Immediately he attacked Americans United for Separation of Church and State in the right wing blog One News Now:
"This is something that they [Americans United for Separation of Church and State] are intent on doing across the country," he explains. "They're out to literally destroy America; they're out to erase our religious heritage and religious symbols from every area of life."
Staver, who also serves as dean of Liberty University's Law School, says the county has solid legal standing to reject the displays. "This individual wants to put up false information, essentially saying that separation of church and state is required or part of the Constitution, which we know it's not," the Liberty Counsel founder notes."
Joseph L. Conn of AU argued back to Staver today:
Sorry, Mat, you’re incredibly far off-base here.
Americans United most certainly does not want to “destroy America.” On the contrary, we’re trying to preserve fundamental constitutional principles that make America great. We insist that government officials respect and enforce the First Amendment’s separation of religion and government. We do so, not out of hostility toward religion, but out of respect for the diversity that makes the United States so strong.
AU is not out to “erase our religious heritage” or remove religious symbols “from every area of life.” Religious individuals and religious organizations are perfectly free to celebrate their heritage and post religious symbols in a broad array of venues. We ask only that they not commandeer public land and buildings and send the message that one faith has governmental preference.
And, Mat, church-state separation really is mandated by the Constitution. The Founders said so, and the Supreme Court — dating back at least to 1878 – has reaffirmed that wholesome principle again and again."
At this point, it is unclear who will win. Mat Staver has offered to represent Johnson County for free if the county decides to fight the lawsuit. What do you think? Should both sides be represented on the wall of Johnson County's Courthouse, or is it enough that the Ten Commandments hangs with the Constitution, the Declaration and the Bill of Rights?
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