June 4, 2001

Commandments case refused
___By Adelle M. Banks
___Religion News Service
___WASHINGTON (RNS)--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 handed down last December that the granite structure on the lawn of a government building in Elkhart, Ind., promoted "religious ideals."
___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 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.
___Organizations long known for their interest in church-state issues had differing reactions to the court's decision.
___"We are disappointed that the Supreme Court will not consider this most important First Amendment issue," said Francis J. Manion, senior counsel for the American Center for Law and Justice, a law firm founded by religious broadcaster Pat Robertson that represented Elkhart in its appeal.
___"The Supreme Court missed an important opportunity to clarify an issue that has become the center of a national debate," Manion said. "The court's decision not to weigh in on the Ten Commandments issue will only add to the confusion surrounding the displays of Ten Commandments in communities across America."
___Barry Lynn, executive director of Americans United for Separation of Church and State, claimed the decision furnished clarity on the matter.
___"Today's announcement should help bring the religious right's Ten Commandments crusade to a screeching halt," Lynn said. "The writing on the church-state wall is clear: It's not the government's job to promote religion."
___The Elkhart monument was erected in 1958 but became a source of controversy in 1998, when the Indiana Civil Liberties Union sued the city on behalf of two city residents who were offended by it.

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