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Christianity TodayJuly 8 2001

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Supreme Court: Justices Turn Down Decalogue Appeal
Denial means Indiana town's Decalogue display is unconstitutional



The U.S. Supreme Court has declined to hear a case in which an Indiana town's display of the Ten Commandments was found to be unconstitutional.

The decision lets stand an appellate court ruling last December that the granite structure on the lawn of a government building in the town of Elkhart promoted "religious ideals" and should be removed.

In an unusual move, three justices of the high court issued a dissent, saying they wished the case had been heard.

Chief Justice William Rehnquist said that the monument "simply reflects the Ten Commandments' role in the development of our legal system."

But Justice John Paul Stevens, in his own statement, said the first lines on the monument, which include the words "I am the Lord thy God," are so prominent that they are "rather hard to square with the proposition that the monument expresses no particular religious preference."

Four justices must vote affirmatively for a case to be heard.

"The Supreme Court missed an important opportunity to clarify an issue that has become the center of a national debate," said Francis J. Manion, senior counsel for the American Center for Law and Justice, a law firm founded by religious broadcaster Pat Robertson. The firm represented Elkhart in its appeal.

Related Elsewhere:

The Supreme Court's refusal to hear the case means that the Seventh Circuit U.S. Court of Appeals' decision, which found the display unconstitutional, stands.

...

The ACLJ expressed its disappointment, and has posted a petition urging national leaders to support Ten Commandment public display.

The Associated Press said the decision doesn't mean the marker will be coming down soon.

The Elkhart mayor vows to keep the monument, The National Post reports.

The Detroit News reports the monument ...



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