January 13, 2006: ACLU-TN Requests Permanent Removal of Ten Commandments Display in Rutherford County Courthouse

For Immediate Release
13 January 2006

Contact: Hedy Weinberg, Executive Director
615-320-7142

ACLU-TN Requests Permanent Removal of Ten Commandments Display in Rutherford County Courthouse

Nashville - The American Civil Liberties Union of Tennessee (ACLU-TN) today asked the Federal Court to permanently remove the Ten Commandments plaque in the Rutherford County courthouse. The court documents were filed in the wake of the recent United Supreme Court decision, McCreary County v. ACLU of Kentucky, that ruled a similar "historical documents" display violated religious freedom rights.

"The posting of the Ten Commandments sends the message that only certain believers can receive justice at the courthouse. Rutherford County residents should not be made to feel like second class citizens because they do not hold the prevailing religious beliefs promoted by the county government," said Hedy Weinberg, ACLU-TN Executive Director. "The posting of the Ten Commandments in the Rutherford County Courthouse broadcasts a divisive message to the religiously pluralistic community of Rutherford County," added Weinberg.

More than three years ago, in June 2002, United States District Court Judge
Robert Echols granted a preliminary injunction in ACLU-TN v. Rutherford
County, ruling that the Ten Commandments plaque hanging with "The Foundation of American Law and Government" display in the Rutherford County Courthouse must be taken down pending a trial. ACLU-TN plaintiffs then asked the court to issue a permanent injunction. At the request of the County, the Court stayed all proceedings in the case, pending the outcome of the McCreary County case; in June 2005, the United States Supreme Court ruled that the McCreary County display was unconstitutional because it violated the Establishment Clause to the First Amendment.

ACLU-TN returned to court today, three years later, to ask that ACLU v.
Rutherford County proceed since the Supreme Court has issued its decision in the McCreary County case; they also are asking for the court to makes its injunction against the display permanent. The display and the legislative
history at issue in the ACLU-TN sponsored litigation are similar to the
facts in McCreary County. Both McCreary County and Rutherford County had openly religious purposes in originally posting the Ten Commandments, and later tried to conceal their unconstitutional actions.

"ACLU v. Rutherford County is governed by the ruling in McCreary County, and the display should be struck down as a violation of the First Amendment. After careful study, it is clear that the Supreme Court's decision last summer in the McCreary County case confirms that the decision in the Rutherford County case three years ago was and remains squarely the law," said ACLU-TN Cooperating Attorney George Barrett.

ACLU-TN Co-Cooperating Counsel Ted Carey added, "The Supreme Court ruled in McCreary that County officials may not try to 'fix' their unconstitutional actions after the fact by trying to surround the Ten Commandments with other items in an effort to conceal their religious purpose, and that is exactly what the Rutherford County Commission tried to do."

Weinberg explained that "ACLU-TN brought the lawsuit to ensure that
individuals have the right to decide for themselves whether to practice a
particular religious faith or to post the Ten Commandments in their homes,
businesses or places of worship. Were government to prohibit these postings, ACLU-TN would fight to protect citizens' right to promote their religious beliefs and practice their religious faiths. That is what we are here for."

George Barrett and Ted Carey of Barrett, Johnston & Parsley are the ACLU-TN cooperating attorneys in ACLU v. Rutherford County et al (United States
District Court, Middle District of Tennessee, Nashville Division).

BACKGROUND
In April 2002, on behalf of a coalition of concerned residents, ACLU-TN
filed a lawsuit challenging the posting of the Ten Commandments in "The
Foundation of American Law and Government" display in the Rutherford County Courthouse. The display in dispute included: the Ten Commandments, the Magna Carta, the Bill of Rights, the lyrics to the Star Spangled Banner, the Mayflower Compact, the Declaration of Independence, the Preamble to the state constitution, and a drawing and explanation of Lady Justice.

In the lawsuit, ACLU-TN argues that the posting of the Ten Commandments - with or without other accompanying documents - violates the establishment Clause of the First Amendment, which prohibits government from promoting or supporting religious doctrine.

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