New legal fights over Ten Commandment monuments launched in Illinois and Arkansas.
In Jefferson County, Illinois, voters from mixed faiths have sued the county and the board of commissioners to remove a monument of the Protestant version of the Ten Commandments that sits outside the courthouse.
It’s the only polling place in the county, according to the lawsuit, and the group says displaying it runs afoul of state law, suggesting the government is favoring one religion.
Represented by the American Civil Liberties Union of Illinois, the group says it has a right “to be free from the governmental sponsorship of religion, including the use of public land to promulgate religious doctrine and demonstrate official preference for one religion over others and for religion over nonreligion.”
The lawsuit filed Monday in Illinois’ 2nd Judicial Circuit Court reads, “Because the installation and maintenance of the monument on county property violates the Illinois Constitution’s prohibitions on denominational preference and use of government funds or property for religious purposes, plaintiffs seek a declaration that its placement is unconstitutional.”
It asks the judge to order its removal.
Sheriff Jeff Bullard of Jefferson County pushed back on the allegations and said no tax dollars were used for the monument.
“Any claim that there was discriminatory or biased motivation behind the placement of the monument at the courthouse is irresponsible and untrue. It was placed at the courthouse due to its significant historical value to the American system of justice,” he said. “Every year there are multiple events, both nonreligious and religious on private and public property. The monument in question changes none of that. We look forward to our day in court to defend our nation’s heritage.”
Also this week, the American Civil Liberties Union of Arkansas and allied groups filed a lawsuit on behalf of families contesting a new state law requiring elementary and secondary schools to display the Ten Commandments in classrooms. They have sued the school districts where the plaintiffs live.
The challengers are from different faiths and argue that posting the religious symbol in public school classrooms runs afoul of the First Amendment.
They asked the judge with the U.S. District Court for the Western District of Arkansas to rule the law unconstitutional and forbid the posting of the Ten Commandments in classrooms.
In their complaint, the plaintiffs cite a Supreme Court case from more than 40 years ago, Stone v. Graham, where the court ruled it was unlawful for Kentucky to order classrooms to display the Ten Commandments in violation of the Establishment Clause of the First Amendment, which states the government should not establish or favor any one religion.
Representatives from some of the Arkansas school districts named in the lawsuit responded by saying they won’t comment on pending litigation.
“However, after reviewing the court filing, it appears that the lawsuit aims to challenge the constitutionality of a new Arkansas law that will take effect in August rather than any action taken by [the schools] or any other named school district,” they said.
Like Arkansas, Texas has passed a law that would require classrooms to display the Ten Commandments in classrooms this fall.
The moves come after a federal court ruled it unconstitutional for Louisiana to do so last year.
The Louisiana dispute is on appeal.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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