Post by AuntieSocial on Feb 3, 2004 22:42:17 GMT -5
Monument protection bill back in Congress
Aderholt pushes federal measure to preserve public Ten Commandments displays[/b][/I]
Click here to read the article on the original site
By Sarah Kate Sullivan
Published: February 02, 2004
Publication: The Crimson White
A bill that would shield displays of the Ten Commandments in public places from tort interference has been reintroduced in the U.S. Congress.
U.S. Rep. Robert Aderholt, R-Haleyville, has reintroduced his "Ten Commandments Protection Bill," which would protect state and local authority under the 10th Amendment to display the Ten Commandments in public areas.
Aderholt first presented the legislation in 1998, but former state Chief Justice Roy Moore's removal from office last year after his defiance of a court order to remove a 2.6-ton Ten Commandments monument has shined new light on the bill.
Aderholt said he bases his argument on the Ten Commandments' place in American history and does not endorse displays reflective of other religious beliefs because of their lack of influence on America's legal system.
Though he said he endorses expression of religious beliefs in public places and wishes to restore religious liberties, Aderholt said the issue's main foundation is the Founding Fathers' belief in the Ten Commandments' principles.
"The Ten Commandments represent the very cornerstone of the values this nation was built upon, and the basis of so much of our legal system here in America," Aderholt said in a statement. "Do not kill or steal, obey your parents. Do not commit adultery. Who can argue with these important rules for any functioning society?"
Though Aderholt has been lobbying for this authorization for six years, Alabama was inundated this year by heated debate about the constitutionality of Moore's marble Ten Commandments display in the rotunda of the state judicial building in Montgomery.
Aderholt said he received e-mails and letters from people all over the country during the legal battle. He said that though they might not have had the same high profile as Moore's defiance in Montgomery, people in other states like Georgia, North Carolina, Tennessee and Texas have fought similar battles.
"I feel that the bill has enough support to pass tomorrow if it were presented to the floor," he said.
The bill has been successful in the House in recent years. Originally, the actual wording of the document was passed in 1999 as an amendment to the Juvenile Justice Bill. However, the Juvenile Justice Bill eventually died in Congress.
"We have heard from the judges; now it is time that we hear from the people on this issue," Aderholt said.
He expects substantial support for his bill from the religious community across the country. In Alabama, the Christian Coalition has devoted its loyalty to Aderholt's cause.
"We give our wholehearted support for Congressman Aderholt's continued effort to legalize the display of the Ten Commandments across America," said John Giles, president of the state Christian Coalition.
Giles said he could not imagine who would not support the bill. He said national family organizations have already signed on to the bill.
Both Aderholt and Giles asserted the U.S. Supreme Court building has limestone monuments in two or three locations and said the two tablets of the Ten Commandments hang on the wall over the head of the U.S. chief justice.
"In the back entrance of the Capitol, a statue of Moses himself holding the tablets is on display," he said.
Richard Cohen, the attorney working on the Ten Commandments case for the Montgomery-based Southern Poverty Law Center, questioned Aderholt's motives in defending the tablets that have been so controversial in Alabama.
"Roy Moore didn't install the Ten Commandments in the Capitol building as a history lesson, but as an expression and acknowledgement of his god," he said.
Cohen said a religious document on public display is unconstitutional if it either is meant to promote religion or has that effect. He said Moore's monument was illegal because Moore admitted he aimed to promote Christianity and because the display had that effect.
"The effect of the bill is immunizing the Ten Commandments from challenge," he said. "It's like saying no one can challenge a restriction on freedom of speech. The court's authority can't be undermined in this certain way."
He said Aderholt's position is simply a cultural issue used by politicians as a political wedge and a ploy in an election year.
"It is a sad day when we see politicians pander to popular will," he said. "They are playing con games with the sacred Bill of Rights that should be guarded instead. We should never underestimate a politician's wrapping himself in the flag."
But Giles said the principles of the Ten Commandments are universally appealing to people of all faiths.
"The Ten Commandments are embraced in a spirit of endearment to people of faith," he said. "They cut across Christian, Jewish and Muslim lines and move beyond endearment to our Constitution and the history of the foundation of our law."
Giles said the Ten Commandments' roots are deeper than Christianity and said they were the moral code and foundation embodied in English common law that was the genesis of American and Alabama law. He said a similar bill is also being introduced in the Legislature.
Giles said the Christian Coalition remains optimistic about the future of Aderholt's bill.
"In America, some say the Ten Commandments divide us, but really the Ten Commandments unite us," he said.
Cohen said Aderholt's bill promotes unconstitutional conduct, but he said he knows how popular the Ten Commandments issue is among congressmen.
William Stewart, former chairman of the UA political science department, said the bill could be an election-year tactic to convince voters of Republicans' dedication to religion.
"Some may see it as a Republican move to wrap themselves in the cloak of piety as a move to make Democrats appear that they are against religion," Stewart said.
Stewart said he was unsure if the bill had gathered enough support in Congress, since election years often encourage different behavior among politicians who seek re-election. He also said the judiciary would have the ultimate authority in the matter. Congress can pass Aderholt's bill, but a challenge could be heard in the Supreme Court, and its decision is final, he said.
Aderholt said the decision of whether to display the Ten Commandments would be left to state and local governments to decide. For example, officials at a city hall or other government building would have the option of using government or private funds to erect a monument. However, the bill would not protect displays of other religions.
"Since the tenants of Buddhism are not part of our legal history, any displays in its favor would not be recognized," Aderholt said.
Aderholt pushes federal measure to preserve public Ten Commandments displays[/b][/I]
Click here to read the article on the original site
By Sarah Kate Sullivan
Published: February 02, 2004
Publication: The Crimson White
A bill that would shield displays of the Ten Commandments in public places from tort interference has been reintroduced in the U.S. Congress.
U.S. Rep. Robert Aderholt, R-Haleyville, has reintroduced his "Ten Commandments Protection Bill," which would protect state and local authority under the 10th Amendment to display the Ten Commandments in public areas.
Aderholt first presented the legislation in 1998, but former state Chief Justice Roy Moore's removal from office last year after his defiance of a court order to remove a 2.6-ton Ten Commandments monument has shined new light on the bill.
Aderholt said he bases his argument on the Ten Commandments' place in American history and does not endorse displays reflective of other religious beliefs because of their lack of influence on America's legal system.
Though he said he endorses expression of religious beliefs in public places and wishes to restore religious liberties, Aderholt said the issue's main foundation is the Founding Fathers' belief in the Ten Commandments' principles.
"The Ten Commandments represent the very cornerstone of the values this nation was built upon, and the basis of so much of our legal system here in America," Aderholt said in a statement. "Do not kill or steal, obey your parents. Do not commit adultery. Who can argue with these important rules for any functioning society?"
Though Aderholt has been lobbying for this authorization for six years, Alabama was inundated this year by heated debate about the constitutionality of Moore's marble Ten Commandments display in the rotunda of the state judicial building in Montgomery.
Aderholt said he received e-mails and letters from people all over the country during the legal battle. He said that though they might not have had the same high profile as Moore's defiance in Montgomery, people in other states like Georgia, North Carolina, Tennessee and Texas have fought similar battles.
"I feel that the bill has enough support to pass tomorrow if it were presented to the floor," he said.
The bill has been successful in the House in recent years. Originally, the actual wording of the document was passed in 1999 as an amendment to the Juvenile Justice Bill. However, the Juvenile Justice Bill eventually died in Congress.
"We have heard from the judges; now it is time that we hear from the people on this issue," Aderholt said.
He expects substantial support for his bill from the religious community across the country. In Alabama, the Christian Coalition has devoted its loyalty to Aderholt's cause.
"We give our wholehearted support for Congressman Aderholt's continued effort to legalize the display of the Ten Commandments across America," said John Giles, president of the state Christian Coalition.
Giles said he could not imagine who would not support the bill. He said national family organizations have already signed on to the bill.
Both Aderholt and Giles asserted the U.S. Supreme Court building has limestone monuments in two or three locations and said the two tablets of the Ten Commandments hang on the wall over the head of the U.S. chief justice.
"In the back entrance of the Capitol, a statue of Moses himself holding the tablets is on display," he said.
Richard Cohen, the attorney working on the Ten Commandments case for the Montgomery-based Southern Poverty Law Center, questioned Aderholt's motives in defending the tablets that have been so controversial in Alabama.
"Roy Moore didn't install the Ten Commandments in the Capitol building as a history lesson, but as an expression and acknowledgement of his god," he said.
Cohen said a religious document on public display is unconstitutional if it either is meant to promote religion or has that effect. He said Moore's monument was illegal because Moore admitted he aimed to promote Christianity and because the display had that effect.
"The effect of the bill is immunizing the Ten Commandments from challenge," he said. "It's like saying no one can challenge a restriction on freedom of speech. The court's authority can't be undermined in this certain way."
He said Aderholt's position is simply a cultural issue used by politicians as a political wedge and a ploy in an election year.
"It is a sad day when we see politicians pander to popular will," he said. "They are playing con games with the sacred Bill of Rights that should be guarded instead. We should never underestimate a politician's wrapping himself in the flag."
But Giles said the principles of the Ten Commandments are universally appealing to people of all faiths.
"The Ten Commandments are embraced in a spirit of endearment to people of faith," he said. "They cut across Christian, Jewish and Muslim lines and move beyond endearment to our Constitution and the history of the foundation of our law."
Giles said the Ten Commandments' roots are deeper than Christianity and said they were the moral code and foundation embodied in English common law that was the genesis of American and Alabama law. He said a similar bill is also being introduced in the Legislature.
Giles said the Christian Coalition remains optimistic about the future of Aderholt's bill.
"In America, some say the Ten Commandments divide us, but really the Ten Commandments unite us," he said.
Cohen said Aderholt's bill promotes unconstitutional conduct, but he said he knows how popular the Ten Commandments issue is among congressmen.
William Stewart, former chairman of the UA political science department, said the bill could be an election-year tactic to convince voters of Republicans' dedication to religion.
"Some may see it as a Republican move to wrap themselves in the cloak of piety as a move to make Democrats appear that they are against religion," Stewart said.
Stewart said he was unsure if the bill had gathered enough support in Congress, since election years often encourage different behavior among politicians who seek re-election. He also said the judiciary would have the ultimate authority in the matter. Congress can pass Aderholt's bill, but a challenge could be heard in the Supreme Court, and its decision is final, he said.
Aderholt said the decision of whether to display the Ten Commandments would be left to state and local governments to decide. For example, officials at a city hall or other government building would have the option of using government or private funds to erect a monument. However, the bill would not protect displays of other religions.
"Since the tenants of Buddhism are not part of our legal history, any displays in its favor would not be recognized," Aderholt said.
