An appeals court has ruled that a Ten Commandments monument at the county courthouse in Stigler, Oklahoma, violates the Constitution because its primary effect is to endorse a religion.
The 10th U.S. Circuit Court of Appeals ruled 3-0 in a challenge to the monument brought by the American Civil Liberties Union of Oklahoma and by a county resident.
“We hold that the [Haskell County commissioners’] actions in authorizing and maintaining the monument . . . had the impermissible principal or primary effect of endorsing religion in violation of the Establishment Clause” of the Constitution, the judges wrote in a 52-page decision…
On May 18, Gov. Brad Henry signed a measure to place a privately funded monument of the Ten Commandments at the Capitol…
The measure passed despite concerns that it could draw a costly legal challenge and could be interpreted as the state’s endorsement of a religion.
This crap never seems to end, does it?
I’m waiting for someone here to claim that American Law is somehow rooted in Mosaic commandments.
Why is this monument controversial? The 10 Commandments are engraved onto the Supreme Court building and inside the courtroom itself. It represents divine authority for the rule of law and of self governance. It’s only in the last 30 years that American Society has been hyper sensitive to public religious references.
The 10 Commandments were rather groundbreaking at the time in the sense that they applied to kings and the wealthy as well as peasants.
Prior to the 10 Commandments, the closest you had to the concept of justice was Hammuabi’s Code …
How the 10 Commandments differs is that if you check out Hammurabi’s Code you’ll see that the rich can buy their way out of punishment and instead of losing an eye for an eye, can do wrong and just cough up bucks.
The 10 Commandments really are the foundation of modern law and the concept of blind justice that does not care about the stature of the parties only the facts at hand.
/To any asshat: I’m an atheist and I’m talking in the context of the history of law.
And don’t forget about fucking your neighbor’s wife. Truly important in the Bible Belt.
And maybe his mule, too.
Take it down or a Muslim will suicide bomb it?
#5 Please, oh please, then we could build a million of ’em and get rid of all suicide bombers very soon.
The newspaper website updated the story and adds a lot more details.
From the updated article:
“The monument was funded and constructed by Christians”
“In 2004, then-Commission Chairman Sam Cole stood by the monument after it was dedicated on the courthouse lawn.
‘That’s what we’re trying to live by, that right there,’ he said then. ‘The good Lord died for me. I can stand for him. And I’m going to.
‘I’m a Christian and I believe in this. I think it’s a benefit for this community,’ Cole told a crowd of several hundred people.”
So from the outset they made no pretense in claiming that this was anything other than a religious monument. That the words on it had some connection to legal history is in this case seem to just be an excuse.
The ten commandments were written as law to be obeyed. You don’t want your tribe to run amok throughout the land. How they came about may be a story but we use most of these laws in everyday practice. I realize that some of you do not have sense enough to rest on The Sun Day.
“The monument was funded and constructed by Christians”
Gee, and for just a moment I thought it was funded by a coalition of muslims, and the bahai faith.
I’m an atheist, and I agree that this ruling is appropriate in its scope and interpretation of the U.S. Constitution.
However, what is bringing us to this point? Christians are pushing back for what they perceive is a society hellbent (pun intended) on trampling upon their views AND their rights. When private stores and businesses are sanitizing their “holiday” sales for fear of offending a small number of customers (who need to get a friggin’ life), it’s offensive. It’s almost as though “Christian” has become a dirty word, and the mere utterance sends chills through everyone’s spines for fear of an “uncomfortable encounter.”
For a country whose agenda is tolerance in the world, we seem to be having a bit of trouble with it on our own…
#8, tom,
we use most of these laws in everyday practice.
Actually we don’t.
The first few commandments are all bullshit making me worship some fairy tale in the sky. Then there is that ole “covet thy neighbor’s ass” crap when that piece of lard just ain’t attractive at all. “Thou shalt not kill” get’s a lot of excuses why it doesn’t count. Of course your mileage may differ.
The Ten Commandments were just some simple laws provided by and for a simple people to keep them in line. It has nothing to do with modern law and never did.
British Common law dates back to the Magna Carta and the concept that no one, including a King, is above the law. Everyone is equal. American law follows this concept. The English Civil War and American Revolution were both fought to prove that point.
# 3 Hmeyers said, “The 10 Commandments really are the foundation of modern law and the concept of blind justice that does not care about the stature of the parties only the facts at hand.”
Yes, and you’ll find statues of the major religious lawgivers throughout history in the SCotUS building. Kinda ironic.
#3 No offence to anyone, but the 10 Commandments have a very small influence on modern law when compared with Codex Hammurabi, Greek, and especially Roman law. I think it’s cherry picking.
What most people forget is that one person’s freedom, religious or otherwise, ends where another’s rights begin.
Christians have been persecuted for years (centuries) so why stop now?
OR
Hmm, as someone who is rational, and holds themselves to strict standards, and does not feel anyone has any right to spout their religion at me, I feel this is a blight on the Separation of Church and State.
# 13 qb said, “No offence to anyone, but the 10 Commandments have a very small influence on modern law”
No offense, but you need to do just a little research…
http://tinyurl.com/nnre56
Obama is ripping up the Constitution on a daily basis and this is what you gripe about as unconstitutional?
Some people deserve to be slaves.
Judaism believes in the Commandments. The Qur’an reflects the values of the Commandments. There is a need in the vast majority of humans for religion. In fact some atheist have turned that into a religion by crusading against an overwhelming majority. It’s a waste of energy to argue against religion. They have the trump card of faith, which Science can never play.
#16 a quote from a bible thumper’s book is hardly evidence of anything.
The church and religion is simply instruments of social control, propagated and used by government to reduce the risk of social upheaval.
What’s the difference between Zeus and Jesus?
# 18 RTaylor said, “They have the trump card of faith, which Science can never play.”
Global warming fanatics.
It is all coming apart…. sense and sensibilty all forgotten and all nitpicking and god knows what… Poor us.
And “One Second After” by William R.Forstchen tells where these anal-retentives will go… eventually
#16,
From an Amazon.com review of Federer’s book,
Before you read this book, do a little research on your own. If the Ten Commandments played a role in the formation of the laws of this country, you would hope to see them discussed in the forums where these laws were formulated. For example, the transcripts of the Constitutional Convention, the Federalists Papers, the transcripts of the first meetings of our new Congress, all are logical places where the Decalogue would have to be discussed to claim its role in US history. Are they there? No. The Supreme Court has never cited the Ten Commandments as a legal authority for any of their decisions. Federer’s arguments are fuzzy and dance around the edges of reality. This is not a book for those who want their history without attached agendas!
Not very convincing to me.
C’mon Patrick- citing a book by Federer?
Fusion’s right re: the Magna Carta.
And how is President Obama ripping up the Constitution? By starting a fourth branch of government based around the Vice President? By asserting the President’s actions are legal by virtue of said actions being the President’s? I think you’re suffering from a Bush flashback.
#3,
So, in modern American law and Justice, the moneyed buy themselves out all the time! Skin colour and wealth are the determining factors of guilt and punishment in the US.
#11,
Strongest argument is calling everyone ‘else’ a simpleton. Needed that bit of humor, thanks.
I’ve got a better set of commandments.
A list based strictly on a fusion of Allah, Buddah and all other deities that end in H. There are 506 of them. Three are about human to human behavior, three are about spiritual matters and five hundred are about financial law that either is in place or should be for religious reasons.
Can I put that next to the Classic Ten? You know, for fairness and equality?
The ACLU and their liberals are busy tearing down religious statues just like the Taliban tore down the Bamiyan Buddha.
And anyway, there are supposed to be 15 of them.
Patrick, have you checked Mathew Staver’s background? He’s probably a little biased. I’d suggest taking a look at Glenn’s Legal Traditions of the World.
The ACLU and their liberals are busy tearing down religious statues just like the Taliban tore down the Bamiyan Buddha.
Huh, that’s funny, I haven’t seen them tearing down the Big Butter Jesus north of Cincinnati. http://roadsideamerica.com/story/9786 If any religious statue needs torn down it is that ugly thing. I haven’t seen them tearing down any religious icons on private property at all…