ACLJ Gets Victory in Ten Commandments Case.Business Editors LEXINGTON, Ky.--(BUSINESS WIRE)--Aug. 22, 2002 Federal Judge Turns Back Legal Attack By ACLU ACLU: see American Civil Liberties Union. In Kentucky 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 turned back an attack by the ACLU on a Mercer County Mercer County is the name of several counties in the United States:
At a hearing today, U.S. District Court Judge Karl Forrester denied the ACLU's motion 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. , which would have included the removal of the display. "This is a major victory for the people of Mercer County and for all Americans who don't buy into the ACLU's extreme misrepresentation misrepresentation In law, any false or misleading expression of fact, usually with the intent to deceive or defraud. It most commonly occurs in insurance and real-estate contracts. False advertising may also constitute misrepresentation. of our constitution," 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) who argued the case on behalf of Mercer County. "The First Amendment was never intended to remove all mention of God or religion from the public square. The Supreme Court and many other courts have long recognized the foundational role of the Ten Commandments in the development of our legal system. There is no reason why government at all levels cannot acknowledge this fact." The ACLU filed suit against Mercer County over the display. In court today, U.S. District Court Judge Karl Forrester rejected the ACLU motion for a preliminary injunction 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 court held that government officials who display the Ten Commandments for their historical value have a permissible secular purpose for doing so. The court also found that the display of the Ten Commandments with other historical documents makes it clear that government is displaying the Commandments because of their undoubted secular importance and influence. The court noted that the historical influence of the Ten Commandments is beyond rational dispute. In the words of Judge Forrester, "the plaintiffs (ACLU) might wish it were so. But plaintiffs' wishes cannot change history." "With today's decision, we see an important development and a critical recognition of the constitutionality of such a display," said Manion. "The Supreme Court has said: 'There is an unbroken history of official acknowledgment by all three branches of government of the role of religion in American life.' Appropriate displays of the Ten Commandments, such as the one at issue here, are part of that unbroken history and are well within the mainstream of American culture. It's clear the people of Mercer County, Kentucky Mercer County is a county located in the U.S. state of Kentucky. As of 2000, the population was 20,817. Its county seat is Harrodsburg6. The county is named for General Hugh Mercer. History Pleasant Hill is the site of a former Shaker community. understand the difference between 'acknowledgment' of religion and 'establishment' of religion. It's encouraging that the court understands the distinction as well." 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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