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FLASHLINEILLINOIS TOWN RALLIES TO SUPPORT TEN COMMANDMENTS DISPLAY
Web Posted: November 14, 1999
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."
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 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.
"'Why do we need to wait (until) tomorrow, next week, for another meeting,' the man asked, tearfully."
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