Wednesday, August 27, 2003

The Ten Commandments

A judge in Alabama is in trouble over a large monument he placed in his courthouse with the Ten Commandments on it. The legal complaint reads as follows:

Following a seven-day bench trial, Judge Thompson concluded that Justice Moore’s fundamental purpose in displaying the Monument was non-secular, and that the Monument’s primary effect was to advance religion. Glassroth v. Moore, 229 F. Supp.2d 1290, 1299, 1304 (M.D. Ala. 2002). Based on his determination that the Monument is violative of the Establishment Clause, on November 18, 2002 Judge Thompson entered a “declaration that Justice Moore’s placement of his Ten Commandments monument in the Alabama State Judicial Building was unconstitutional,” and allowed him 30 days to remove it.

I guess I'm confused in a couple of ways. First, while the 10 Commandments are a moral teaching from religious literature (i.e. the Old Testament) neither Jews nor Christians would state that following the 10 Commandments is the way to achieve salvation. How can you say that displaying a moral teaching is attempting to advance a religion?

I'm also confused about this whole "Establishment Clause". Specifically, the American constitution says in it's First Amendment, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This seems pretty clear to me, especially since most countries of that time had State Churches, and many of the colonies were established and populated by those seeking freedom from the State Churches. However, this Amendment has been has now been interpreted to mean: The judical system shall prevent any religious displays on any federal, state or municipal property. No moral teaching which has a basis in any religious writings shall be displayed or considered in the making of laws.

I don't know - this just seems very different than what is written.

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