ACLJ Gets Ten Commandments Lawsuit Dismissed in Kentucky -- Federal Judge Rejects ACLU Suit.Business Editors LEXINGTON, Ky.--(BUSINESS WIRE)--Jan. 23, 2003 The American Center The American Center is a high-rise tower in Southfield, Michigan. It was built in 1975 and stands at 26 floors, with one basement floor, for a total of 27. The building's main use is that of a typical office tower. It also includes a parking garage and retail spaces. for Law and Justice, an international public interest law firm, announced today that a federal court in Lexington, Kentucky Lexington, Kentucky, United States, known as the "Horse Capital of the World," is located in the heart of the Bluegrass region. It is the second-largest city in Kentucky, after Louisville, Kentucky,[1] and the 68th largest in the United States. has dismissed a lawsuit brought by the ACLU ACLU: see American Civil Liberties Union. challenging a display of the Ten Commandments at the Mercer County, KY courthouse. "This is a tremendous affirmation that the legal attack aimed at removing the Ten Commandments from places like the Mercer County courthouse is legally flawed and without merit," said Francis J. Manion, Senior Counsel of the ACLJ ACLJ American Center for Law and Justice ACLJ Appleseed Center for Law and Justice (Washington, DC) , which represents Mercer County in defending the display. "The court is extremely clear that the display does not violate the constitution and merely acknowledges the role that the Ten Commandments has played in the formation of our nation's heritage and history. This decision is an important victory underscoring the fact that such a display is an acknowledgement of history, not an endorsement of religion." In a six-page opinion filed with the court yesterday and released to the ACLJ today, U.S. District Court Judge Karl S. Forester granted an ACLJ motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers , which dismisses the suit. The ACLU sued Mercer County after the county put up a display at the courthouse, which included the Ten Commandments among a series of historical and legal texts. In the opinion, Judge Forester said "the display clearly has a legitimate secular purpose of, including but not limited to, acknowledging the historical influence of the Commandments on the development of this country's laws, and the record is devoid of any evidence indicating a religious purpose by the government." The court also concluded "the primary purpose or effect of the display is not to endorse religion as a matter of law." The decision follows a ruling in August 2002 by Judge Forester who rejected a motion from the ACLU asking for a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. to remove the Commandment saying the ACLU had not shown a "likelihood of success on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers ." The American Center for Law and Justice is involved in more than 15 cases around the country defending public displays of the Ten Commandments. The ACLJ is an international public interest law firm specializing in constitutional law. The ACLJ web site address is www.aclj.org and it is headquartered in Virginia Beach, VA. |
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