Indiana Battle over the Ten Commandments

[Rick Duncan]

I agree that so long as the 10 Commandments are
included as part of a larger display--perhaps
something labeled as "Sources of American Law"--the
display should be upheld under Allegheny. I don't
think it matters which version of the 10 Commandments
is used, so long as there are enough other documents
in the display to avoid any "endorsement" problem.
Remember, in Allegheny it did not take very much to
avoid an endorsement of the menorah--a Christmas tree
and a sign proclaiming liberty was sufficient to avoid
any EC problems. I would say that the 10 Commandments
+ The Declaration + The Constitution plus a sign
saying "Some Important Sources of American Law" should
do the trick (maybe throw in a plastic statue of a
great American leader, say Hillary Clinton, for an
extra measure of non-endorsement). I always tell
pre-law students that a course in interior decorating
is essential preparation for the study of the
Establishment Clause.

--Rick Duncan

--- "Volokh, Eugene" <VOLOKH at mail.law.ucla.edu> wrote:
>         Hmm -- wouldn't we have to see exactly how
> Indiana government
> enities actually post the Commandments before we
> could figure out whether
> the posting is constitutional?  To take an extreme
> example, surely the
> Indiana University Department of History may set up
> a temporary display on
> Influential Legal Documents of the Ancient World, in
> which the Ten
> Commandments is one item among many, with or without
> the statute.  On the
> other hand, if some school displays the Ten
> Commandments, the Constitution,
> and the Bill of Rights (technically complying with
> the statute), there might
> be a problem, since the Ten Commandments is the only
> non-American document
> that's posted there (no mention of Magna Carta, the
> English Bill of Rights,
> Roman law, or anything else).  It seems hard to
> discuss this statute in the
> abstract, without a specific implementation before
> us.
>
> > -----Original Message-----
> > From: Will Esser [SMTP:willesser at YAHOO.COM]
> > Sent: Friday, March 17, 2000 3:33 PM
> > To:   RELIGIONLAW at listserv.ucla.edu
> > Subject:      Re: Indiana Battle over the Ten
> Commandments
> >
> > Indian Pub. L. # 22-2000 was signed into law on
> March
> > 14, 2000.  It reads:
> >
> > "2. An object containing the words of the Ten
> > Commandments may be displayed on real property
> owned
> > by a political subdivision along with other
> documents
> > of historical significance that have formed and
> > influenced the United States legal or governmental
> > system.  Such display of an object containing the
> > words of the Ten Commandments shall be in the same
> > manner and appearance generally as other documents
> and
> > objects displayed, and shall not be presented or
> > displayed in any fashion that results in calling
> > attention to it apart from
> > the other displayed documents and objects."
> >
> >
> > --- "Volokh, Eugene" <VOLOKH at mail.law.ucla.edu>
> wrote:
> > >         Can anyone by any chance forward the
> text of
> > > the law, or a link to
> > > this text?
> > >
> > >         Eugene
> > >
> >
> > =====
> > "Preach often; sometimes use words."  St. Francis
> of Assisi
> >
> > Will Esser
> > Law Clerk - Tenth Circuit
> > Ad Majorem Dei Gloriam
> > http://www.geocities.com/Heartland/Trail/3096
> >
> > __________________________________________________
> > Do You Yahoo!?
> > Talk to your friends online with Yahoo! Messenger.
> > http://im.yahoo.com
>

__________________________________________________
Do You Yahoo!?
Talk to your friends online with Yahoo! Messenger.
http://im.yahoo.com