For the third time, a federal judge rejects a complaint by First Amendment activist Richard Suhre, who is challenging a Ten Commandments plaque in a North Carolina courthouse.

federal judge in Asheville, North Carolina, has dismissed a lawsuit by American Atheists member Richard Suhre which called for the removal of a Ten Commandments plaque from a local courthouse. Since he filed suit over four years ago, Mr. Suhre, 88, has been repeatedly rebuffed in his petitions by U.S. District Court Judge Lacy Thornburg. Friday's dismissal marks the third time Thornburg has struck the case, insisting that there was no violation of the First Amendment's establish clause. On two previous occasions, Thornburg's procedural decisions were disputed by higher courts who insisted that he render a verdict. The judge attempted to have the case dismissed, alleging lack of standing by Mr. Suhre.

   Suhre objects to a Ten Commandments display in the Haywood County courthouse. When initially challenged over the 20-by-31 inch stone diptych which dates from 1931, officials insisted that it did not violate the First Amendment since it was not religious. Mr. Suhre, though, argued that that "six of the ten commandments are strictly religious in their content, with no similar North Carolina laws."

   The Commandments plaques flank a carving of "Lady Justice," and are mounted behind a judge's bench. The Decalogue is also clearly visible from the jury box. A similar situation exists in Etowah County, Alabama where a judge has erected a hard-carved Decalogue display; critics charge that this sort of depiction is religious in nature, and within the setting of a government court room constitutes an endorsement of Judeo-Christianity and religion in general. Although included in the original construction of the courthouse in 1931, there was no legal objection to the Commandment plaques until Suhre stepped forward in 1994.

-- Richard Suhre

   When local citizens heard of Mr. Suhre's lawsuit, several began a fund raising effort to support the county. Over $171,000 has been spent defending the Ten Commandments, with the latest appropriation of $18,000 being made by the county in November,1998.

   Why has this case stalled in the courts? And why has District Judge Thornburg engaged in legal actions which have been overruled on two separate occasions by higher courts? Thornburg heard the case, for instance, in July, 1998, but refused to issue a decision. In January, Suhre's attorney, George Daly, had to ask the 4th U.S. Circuit Court of Appeals in Virginia to compel Thornburg to issue a ruling. Mr. Suhre, who has health problems, told AANEWS at the time that in his opinion Thornburg was hoping that he would die, thus rendering the case moot.

   Suhre is determined to see the Commandments case resolved in his lifetime and, hopefully, in favor of the separation of church and state. When Thornburg's decision was announced, Suhre's attorney promptly filed an appeal with the U.S. District Court in Charlotte. "They can wait for me to die," Suhre told AANEWS in an interview today, "but I'm determined to hang in there for the duration." He reported that he is convalescing well from a recent illness. "I'm also encouraged that we are getting this case away from Judge Lacey Thornburg," he added.

[text only]