January 29, 2004: ACLU-TN Files Lawsuit Challenging the Posting of the Ten Commandments in Monroe County

For Immediate Release
Thursday, January 29, 2004

For more information, contact
Hedy Weinberg, 615-320-7142

ACLU-TN Challenges Posting of Ten Commandments
in Monroe County Courthouse

The American Civil Liberties Union of Tennessee (ACLU-TN) yesterday afternoon filed a lawsuit challenging the posting of the Ten Commandments in the Monroe County Courthouse. In their lawsuit, ACLU-TN argues that the continued posting of the Ten Commandments in the Monroe County Courthouse violates the recent unambiguous ruling in ACLU v. Hamilton County; in that case, Federal Court Judge Allen Edgar ruled that the posting of the Ten Commandments in public buildings was unconstitutional.

According to ACLU-TN Executive Director Hedy Weinberg, "ACLU-TN filed this lawsuit on behalf of Monroe County residents in order to protect their right to religious freedom. The posting of the Ten Commandments in public buildings is divisive to religious diversity. The role of government is to ensure that individuals have the freedom to choose whether or not they want to adhere to a particular religious faith. However, when government promotes religion, that right to religious freedom is jeopardized. The posting of the Ten Commandments by government is an endorsement of a religious doctrine.”

In the lawsuit, ACLU-TN argues that the posting of the Ten Commandments violates the Establishment Clause of the First Amendment, which prohibits government from promoting or supporting religious doctrine. ACLU-TN had asked the Monroe County Commission to comply with the law and voluntarily remove the unconstitutional display prior to filing this lawsuit.

According to attorney and plaintiff K.O. Herston, "We asked the Monroe County politicians to comply with the Constitution voluntarily, but they refused. The Monroe County Commission took an oath to uphold the laws, even those with which they might disagree. Their failure to adhere to their oaths sets a bad example for the public. Ultimately, they will learn that no one is above the law."

ACLU-TN cooperating attorneys are K.O. Herston and Susan Kay.

ACLU-TN is asking that the Ten Commandments display be taken down in order to protect religious freedom. 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 or in their businesses. 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.”