U.S. District Court judge has ruled that the Kentucky officials may not erect a monument to the Ten Commandments on the grounds of the state capitol. Earlier this year, legislators had voted overwhelmingly to place the display of Old Testament slogans near the Floral Clock, a popular tourist attraction. Along with the monument there was to be a plaque of the legislative resolution reminding visitors "of the biblical foundations of the laws of the commonwealth."

    After a hearing on the controversial issue, though, Judge Joseph M. Hood ruled that the display was "not secular, but I think it is religious."

   "It's admirable that people want the Ten Commandments up," Hood added, "(but) this would give anyone the impression that the Commonwealth of Kentucky had expressed its faith in the Ten Commandments. "

    Kentucky has been one of a number of states where laws calling for the display of the Commandments in school classrooms and other venues have prompted law suits and charges that government would be promoting sectarian religion. In 1980, the U.S. Supreme Court in STONE v. GRAHAM struck down a state law requiring the posting of a copy of the Commandments purchased through private donations in all public school classes. The statute required a small label at the bottom claiming that "The secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States."

WHICH Ten Commandments? Essay, downloadable pamphlet by Cliff Walker of POSITIVE ATHEISM

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    The justices declared that the "avowed secular purpose (of the legislation) is not sufficient to avoid conflict with the First Amendment.

    "The preeminent purpose of posting the Ten Commandments," continued the written decision in STONE, "which do not confine themselves to arguably secular matters, is plainly religious in nature, and the posting serves no constitutional educational function..."

    Despite the potential guidance in STONE v. GRAHAM, Kentucky legislators pushed ahead with the Ten Commandments proposal. The measure cleared the state House 77-17, and the Senate 33-2. The measure enjoyed the enthusiastic support of many religious groups, as well as Gov. Paul Patton.

    Judge Hood's decision also comes just weeks after officials in several Kentucky counties have been ordered to take down their displays of the Decalogue from courthouses and public schools. In early May, District Judge Jennifer Coffman ruled that the posting of the Ten Commandments in public buildings violated the constitutional separation of church and state.

    Kentucky Attorney General Ben Chandler's office argued the case before Judge Hood. The statute had been challenged by the American Civil Liberties Union. During the hour-long hearing, Hood examined the two crucial points in the case: Did the legislature pass the statute in order to promote religion? And would an objective observer seeing the 6-foot high granite monument conspicuously displayed on the lawn of the Kentucky capitol conclude that the state was endorsing religion?

    During debate in the legislature, some lawmakers attempted to suggest that the monument would not have anything to do with religious belief, but rather served a historical purpose by demonstrating that the Ten Commandments are the precedent legal code upon which all western law is based. Assistant Attorney General Jennifer Carrico advanced similar claims during Tuesday's hearing, saying that lawmakers intended to highlight the importance of law. Judge Hood inquired why, then, there was no provision in the statute for similar monuments listing Hammurabi's Code or the Justinian code, both which have influenced jurisprudence around the world.

mandments vote     ACLU General Counsel David Friedman argued that courts have repeatedly ruled against various forms of government-endorsed religious displays, and criticized arguments that the Ten Commandments monument served a secular purpose. He noted that the legislation authorizing the display included numerous references to a deity, religion and the Bible. He also observed that during debate on the Senate version, SJR 57, the bill's author, Sen. Albert Robinson criticized a Jewish lawmaker, and declared: "When the boat came to these great shores, it did not have an atheist, a Buddhist, a Hindu, a Muslim, a Christian and a Jew ... Ninety-eight plus percent of these people were Christians."

    The proposed monument was donated to the state by the Fraternal Order of Eagles in 1971. It the late 1980s, it was removed and placed in storage because of construction on a new utility building. According to the Kentucky Courier-Journal newspaper, state officials say that it is unclear why the monument was not immediately placed elsewhere.

    Judge Hood's written decision in the case has yet to be issued, and a spokesperson for the Kentucky Attorney General's office said that it was not certain whether an appeal would be filed. State Rep.Tom Riner, the Louisville Democrat who helped pass the legislation, said that he will recommend an immediate appeal.

    "I'm greatly disappointed. We were not trying to promote religion. We were simply trying to recognize the historical origin of our foundation of law," he told reporters. Riner also dismissed any concerns about spending tax money to appeal the ruling. "The people of Kentucky are willing to do what is right," Riner added. "I think many people would donate money to defend this."

Which version of the Ten Commandments should be displayed? Protestant? Roman Catholic? Hebrew? Check out Cliff Walker's essay, and download a pamphlet on this provocative topic at the Positive Atheism web site.

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