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ILLINOIS TOWN RALLIES TO SUPPORT TEN COMMANDMENTS DISPLAY

Web Posted: November 14, 1999

A week ago it was Kentucky. Now, many residents in the Southern Illinois community of Harrisburg have united in defense of a school board decision to post copies of the Ten Commandments and other "historical" documents in public schools. A Saturday night rally organized by local ministers attracted nearly 2,500 people to the Southeastern Illinois Community College. Speakers expressed support for an October 26 move by the board which ordered that three documents -- the Magna Carta, Bill of Rights and the Ten Commandments -- be displayed conspicuously in school hallways, and the office of the District as well as those of local school principals.

   Harrisburg United No 3 School Board Superintendent John Gardner, though, warned that the action was premature; he cautioned board members that they should wait until the district obtained a legal opinion before passing their resolution. "The attorneys are very concerned about this decision," he told the Daily Register newspaper.

   The Illinois flap over the commandments comes as religious groups in Jackson County, Kentucky staged a similar rally last week, which included an appearance by Alabama Judge Roy Moore. Moore defended his practice of displaying a Decalogue plaque above the dais in his courtroom, and opening judicial proceeds with prayer. Several area school officials say that they will ignore court orders and a Supreme Court decision which ruled that display of the Ten Commandments in public school classrooms violates the separation of church and state.

   Televangelist and Christian Coalition founder Pat Robertson praised the Kentucky rally on a recent "700 Club" program. Referring to court decisions will limit religious expression in schools and the rest of the public square, Robertson urged supporters to "throw off the shackles of this dictatorship that's been imposed upon us."

   The decision by the Harrisburg School Board has already elicited a warning from the American Civil Liberties Union. A spokesman for the Illinois ACLU told the Daily Register that the group has been "contacted by a number of people in Harrisburg concerned with the placement of the Ten Commandments."

monthly special    Despite possible litigation, board members made their decision after an emotionally charged evening. A group supporting Commandments display gathered outside the administrative offices to hold a prayer vigil; the demonstration included several young children holding hands and praying.

   Although several board members reportedly expressed opposition to the move, none voted against the resolution to display the documents.

   With the prospect of a legal challenge to the Commandments display, religious groups in Harrisburg have initiated a "White Ribbon" campaign. Last night's rally was the culmination of organizing efforts to mobilize local church congregations. One of the invited speakers was Darrel Scott, father of one of the student victims in the April 20 shooting at Columbine High School in Littleton, Colorado. He told the gathering, "Our meeting tonight is not about the Ten Commandments. It is about our young people, our children."

   A showdown is expected on Tuesday night, when the school board meets to discuss the new policy.

FINDING WAYS TO CIRCUMVENT LEMON

   The Daily Register suggested that the core of the Illinois controversy may be the status of the "Lemon Test," used by courts to determine if a particular action is constitutional and conforms to the Establishment Clause of the First Amendment. It stems from a 1971 U.S. Supreme Court case involving government subsidies to religious schools. In LEMON v. KURTMAN, 403 U.S. 602, 612-613, 91 S. Ct. 2015, 2111, 29 L. Ed. 2d 745 the justices opined:

"Every analysis in this area (Establishment Clause cases) must begin with consideration of the cumulative criteria developed by the Court over many years. Three such tests may be gleaned from our cases. First, the statute must have a secular legislative purpose; second, its principal or primary effect must be one that neither advances nor inhibits religion...; finally, the statute must not foster 'an excessive government entanglement with religion...'"

   LEMON has served as a benchmark standard in court analysis of cases involving everything from school prayer to government funding of religious schools and groups. As the Register noted in its coverage of the Harrisburg controversy, "Though the test has not been formally abandoned, there is some sentiment on the court for the principle that religious expression cannot violate the Establishment Clause when it is private and occurs in the traditional or designated public forum that is publicly announced and open to all on equal terms."


"Another dimension of the Illinois squabble involves a transparent attempt to 'secularize' the Ten Commandments. As with nativity scenes and other religious symbols, the religious significance of displays of the Commandments is presumulably diluted by the presence of secular icons..."

   Thus, the standards in LEMON can be weakened or abandoned if government officials and others argue that a school, football stadium or some other venue is a "free speech" zone. Similarly, if the appearance of government involvement is minimized -- if, for instance, prayer or some other action is initiated or led by students or others -- some argue that LEMON does not apply. In Kentucky, for instance, the plaques of the Ten Commandments were erected by volunteers, and paid for with private funds; supporters insist that despite being hung in a public school classroom, there is a minimal "entanglement" with the government.

   Another dimension of the Illinois squabble involves a transparent attempt to "secularize" the Ten Commandments. As with nativity scenes and other religious symbols, the religious significance of displays of the Commandments is presumably diluted by the presence of secular icons. A statue of baby Jesus, for instance, when mixed with plastic reindeer, Santas, candy canes and other holiday symbols can often pass constitution muster, even when included on government property. In the Illinois case, supporters of the Commandments can argue that they are being displayed with other historically interesting documents such as the Bill of Rights.

   Even so, while courts may argue such minutia, the religious significance of the Commandments is not lost on those who want them displayed in public school classrooms, government offices and other venues. The Alabama State Senate voted unanimously for a bill allowing judges to display the Decalogue in courtrooms. Even the Congress has signed on to this agenda, passing resolutions in favor of having the Commandments hung in classrooms, or other "religion friendly" activities such as allowing prayer at public high school football games.


   Supporters also feel an urgency to have the commandments conspicuously posted, and to institute prayer or other religious ritual in what they say is a dangerous, secular environment. Some sense that this will "bring the nation back to God," others feel that they must "win souls" for Christ, and that the onset of a millennium -- and with it the possible Second Coming of Jesus -- is a signal of the ultimate confrontation between good and evil. When the Harrisburg Unit 3 School Board was debating the proposal to post the Decalogue, one man "interrupted the meeting and pleaded with the board to make a decision that evening," noted the Daily Register.

    "'Why do we need to wait (until) tomorrow, next week, for another meeting,' the man asked, tearfully."




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