May 30, 2002: Victory for Religious Freedom in
Hamilton County

This morning, Judge Allen Edgar ruled in ACLU v. Hamilton County that the postings of the Ten Commandments in the Hamilton County Courthouse and the Hamilton County City Courts Building are unconstitutional and ordered that the postings be taken down.

Unfortunately, the Judge ruled that our plaintiffs didn't have standing to challenge the Ten Commandments posting in the Juvenile Courts Building, meaning that none of our plaintiffs have regular business in the Juvenile Courts Building, which would give them the right to challenge the posting there. For that reason only, the Judge does not have the authority to order the removal of the posting in the Juvenile Courts Building. We do plan on refiling with new plaintiffs in the near future to challenge the posting in the Juvenile Courts Building.

Judge Edgar's decision is a great victory for religious freedom in Tennessee. In his opinion, the Judge stated:

"Courts are places where there must be equality and justice, and where persons of all religious or non-religious persuasions in this diverse nation of ours must have confidence that they are getting fair treatment. This is reason enough for the government to refrain from giving the appearance that courthouses are only for those who adhere to the Ten Commandments.

In many parts of the world there is no separation of religion and government. The Founders of this county made a conscious decision to make that separation. This separation, while not always easy to chart, has served us well. Experience tells us that there is perhaps nothing more divisive than the interjection of religion into our government. The controversy engendered by this Commission action is proof of this.

The separation of Church and State, government and religion, does not mean that this nation is any less religious. We may, if we wish, read and heed the precepts of the Ten Commandments. However, we do not need the aid of the government to do so."

The Judge's ruling sets yet another strong precedent that the posting of religious documents in public buildings is unconstitutional, and should bolster our First Amendment arguments on Monday, May 6, when the preliminary injunction hearing is held in our second Ten Commandments case, ACLU v. Rutherford County.

The link to the Judge's opinion is below.

http://www.tned.uscourts.gov/cases/102cv026/aclu_v_hamco.htm