federal judge has ruled that a 6-foot-high granite tablet depicting the Ten Commandments does not violate the separation of church and stay, and may remain in front of the Elkhart, Ind. City Hall.

   Local residents Michael Suetkamp, the Indiana State Director for American Atheists, and William A. Brooks had challenged the display as an impermissible government endorsement of religion. They were represented by the Indiana Civil Liberties Union.

   The monument was donated to the city in 1958 by the local Fraternal Order of Eagles; the group also erected a similar Commandments display on the grounds of the Statehouse in Indianapolis.

   In a 49-page decision, U.S. District Judge Allen Sharp ruled on Friday that the monument passed constitutional muster since it was part of a broader display having to do with themes such as justice and the legal system. That reversed an August recommendation from U.S. District Court Magistrate Theresa Springman, who wanted the display removed as a violation of first amendment separation.

   Sharp wrote: "Although the text of the Ten Commandments dominates the monument, it cannot be said that the message of the monument is exclusively religious... (A neutral observer) would know that the city had included the monument as part of its overall collection of displays of historical and cultural significance." Developing that same assumption, the judge praised the town for demonstrating "strict neutrality" by including other elements in its presentation, and having a "passive display" which did not presumably force religion on anyone.

   Suetkamp challenged the notion, though, that the Commandments are somehow "secularized" or mixed with other displays -- a strategy that has been used successfully with Christian nativity scenes on public property during the holiday season. He told AANEWS today that the only other monument near the Commandments was on the other side of the courthouse law, and measured approximately a foot high and less than two feet in width. "It's dedicated as a Revolutionary War monument and refers to 'Holy Ground,'" said Suetkamp.

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   He added that there is another display inside the courthouse and downstairs on a back wall which is dedicated to local residents killed in the world war. Suetkamp said that across the street and inside the public library is an enormous mural depicting a church, parishioners and the "hand of God" coming out of the sky, with a section in the middle urging people to read the book of Genesis.

   The ruling elicited praise from local officials who made references to their own religiosity in respect to the Commandments.

   Elkhart City Attorney Paul Eash told the South Bend Tribune newspaper, "This is a wonderful Christmas present for the city of Elkhart and its citizens." He said that the Decalogue case "touched his heart" more than any other, and that the ruling "sets a wonderful precedent" for similar First Amendment cases. He added, "It was God's will that prevailed in the end."

   Elkhart Mayor James Perron seemed equally unable to contain his joy over Judge Sharp's ruling. Claiming that the majority of local residents supported the Commandments display, he said that "only two residents, the plaintiffs, objected to the monument."

   "I'm very pleased with the decision since it has occurred under our watch," he told the Tribune. "The monument has never been an endorsement of any particular religion, and people of all faiths have enjoyed it."

   Mike Suetkamp had a different take on the Indiana ruling, though.

   "Anybody that actually took the time to study our position in this issue would realize that we are not asking for anything unreasonable. Unfortunately, a lot of people are just following the rhetoric and misinformation that is spoon fed them by those defending the display of religious propaganda on public property," he said.

   Suetkamp says that he will appeal the case to the U.S. 7th Circuit Court.

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