23 States, 24 Members of Congress Join Supreme Court Briefs in Support of Ten Commandments Monument
Attorneys general and governors from 23 states, as well as 24 members of Congress, have filed briefs asking the U.S. Supreme Court to hear a case involving a Ten Commandments monument in New Mexico that is the subject of a lawsuit filed by two Wiccan women who took offense at the display.
“[C]ertiorari is warranted here to clarify the Establishment Clause doctrine that applies to a common manifestation of religion-influenced expression on governmental property—Ten Commandments displays,” the brief for the coalition of state officials reads. “The Ten Commandments, which ‘are regarded as a significant basis of American law and the American polity,’ are frequently displayed on public property.” “After all, ‘[a] relentless and all-pervasive attempt to exclude religion from every aspect of public life could itself become inconsistent with the Constitution,’” it outlines, quoting from the prominent Supreme Court case of Lee v. Weisman.
Signees include Attorneys General Steve Marshall of Alabama, Christopher Carr of Georgia, Derek Schmidt of Kansas, Timothy Fox of Montana, Adam Laxalt of Nevada, Michael DeWine of Ohio, Brad Schimel of of Wisconsin, Ken Paxton of Texas and M. Stephen Pitt of Kentucky.
The Congressional brief notes that Congress itself has referenced God in various ways throughout the nation’s history, and many American leaders have publicly recognized the Almighty in their official capacities. “National memorials and federal buildings invoke the judgment, compassion, and glory of God to honor our history and hallow our war dead,” it reads. “Congress has also enacted legislation directing that ‘In God We Trust’ appear on the currency, and establishing the same phrase as the national motto.”
“As the D.C. Circuit has recognized, presidents of both parties have long invoked God in their speeches, whether Lincoln’s address to ‘a war-weary nation [about] ‘malice toward none’ and ‘charity for all [ ] with firmness in the right as God gives us to see the right,’ Kennedy’s exhortation that ‘here on earth God’s work’ must be our own,’ or Reagan’s vision of ‘the shining city … built on rocks stronger than oceans, windswept, God-blessed, and teeming with people of all kinds living in harmony and peace,’ the brief notes.The Congressional leaders contend that simple offense should not be standing for a lawsuit.
“But the offended-observer doctrine gives a heckler’s veto over displays commemorating those speeches. Such a result is inconsistent with our traditions, and the Court should grant certiorari to eliminate any doubt that offense is not an injury under [federal law],” the brief outlines.
Signees include Sens. Ted Cruz of Texas, Charles Grassley of Iowa, John Boozman of Arkansas and James Lanford of Oklahoma; Reps. Jody Hice of Georgia, Jeff Duncan of South Carolina, Doug Lamborn of Colorado, Trent Franks of Arizona, Vicky Hartzler of Missouri and Jim Banks of Indiana.
The Foundation for Moral Law, led by the wife of Alabama “Ten Commandments Judge” Roy Moore, the Chaplain Alliance for Religious Liberty, the American Center for Law and Justice, the Fraternal Order of Eagles, the Wisconsin Institute for Law and Liberty and the Congressional Prayer Caucus Foundation also filed separate amicus briefs with the court. READ MORE
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