{"id":786,"date":"2011-08-02T14:04:33","date_gmt":"2011-08-02T18:04:33","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=786"},"modified":"2011-08-02T14:46:21","modified_gmt":"2011-08-02T18:46:21","slug":"aclu-has-no-legal-standing-in-10-commandments-case","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/aclu-has-no-legal-standing-in-10-commandments-case.html","title":{"rendered":"ACLU Has No Legal Standing in 10 Commandments Case"},"content":{"rendered":"

\"\"<\/a><\/p>\n

I want to bring you an update on our efforts to get the U.S. Supreme Court to hear a case involving the display of the Ten Commandments, a case I told you about in June<\/a>. We filed our Petition for Writ of Certiorari<\/a>\u00a0at the high court a couple of months ago. Now, we have filed a reply brief<\/a>\u00a0arguing that the ACLU has no legal standing to bring a challenge against an Ohio courtroom display containing the Ten Commandments.<\/p>\n

An appeals court declared unconstitutional a poster displayed by Judge James DeWeese that included the Ten Commandments as part of an exhibit on legal philosophy. In our reply brief filed with the Supreme Court, we contend that the appeals court erred in its decision and urged the high court to take the case.<\/p>\n

\u00a0We represent Judge DeWeese.<\/p>\n

At issue is a poster designed to illustrate the clash between different views of law and morality. The “Philosophies of Law in Conflict” poster features two columns of principles or precepts intended to show the contrast between legal philosophies based on moral absolutes and moral relativism. The judge used a version of the Ten Commandments as symbolic of moral absolutes, and a set of statements from sources such as the Humanist Manifesto as symbolic of moral relativism.<\/p>\n

 <\/p>\n

\"\"<\/a><\/p>\n

 <\/p>\n

In our reply brief filed today, we assert that the ACLU lacks legal standing to bring the challenge, citing Supreme Court precedent that shows the mere observation of an unwelcome governmental display of religion does not give one legal standing to challenge the display in federal court. We also argue that the federal appeals court was wrong in holding that the display was unconstitutional, arguing the poster falls in line with those decisions of the Supreme Court recognizing “the strong role played by religion and religious traditions throughout our Nation\u2019s history.” (Van Orden v. Perry<\/em>, 2005)<\/p>\n

“DeWeese’s poster is an affirmation of what the Founders and their successors saw as a simple and abiding truth; that a recognition of moral absolutes, which receive their permanence from a divine source, are critical in ‘restoring the moral fabric of this nation,'” the brief contends. “To assert that such an affirmation constitutes an impermissible endorsement of religion, as did the court below, is ‘to take a rigid, absolutist view of the Establishment Clause’ this Court has ‘consistently declined’ to adopt.” (Lynch v. Donnelly<\/em>, 1984)\u00a0<\/p>\n

According to the brief: “DeWeese’s statement that he agrees with the Founders in grounding morality in a divine source is no more an establishment of religion than what this Court itself has recognized regarding the historical and symbiotic role between religion and government.” The reply brief is posted here<\/a>.<\/p>\n

The Supreme Court has a perfect opportunity to make it clear that a governmental affirmation of moral absolutes, symbolized here by the Ten Commandments, does not violate the Constitution.<\/p>\n

It’s time for the high court to set the record straight: the display by Judge DeWeese is a constitutionally-permissible method of explaining his legal and moral philosophy, the same philosophy embraced by our founders.\u00a0<\/p>\n

We’re hopeful the Supreme Court takes this case. We’ll find out when the high court reconvenes for its new term in the fall.<\/p>\n","protected":false},"excerpt":{"rendered":"

I want to bring you an update on our efforts to get the U.S. Supreme Court to hear a case involving the display of the Ten Commandments, a case I told you about in June. We filed our Petition for Writ of Certiorari\u00a0at the high court a couple of months ago. Now, we have filed…<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4,8,111,66],"tags":[743,109,110,115,744,774],"class_list":["post-786","post","type-post","status-publish","format-standard","hentry","category-justice","category-supreme-court","category-ten-commandments","category-u-s-constitution","tag-aclj","tag-judge-james-deweese","tag-ohio","tag-petition-for-writ-of-certiorari","tag-supreme-court","tag-ten-commandments"],"yoast_head":"\nACLU Has No Legal Standing in 10 Commandments Case - Faith & Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/08\/aclu-has-no-legal-standing-in-10-commandments-case.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"ACLU Has No Legal Standing in 10 Commandments Case - Faith & Justice\" \/>\n<meta property=\"og:description\" content=\"I want to bring you an update on our efforts to get the U.S. Supreme Court to hear a case involving the display of the Ten Commandments, a case I told you about in June. 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He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/786","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=786"}],"version-history":[{"count":15,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/786\/revisions"}],"predecessor-version":[{"id":799,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/786\/revisions\/799"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=786"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=786"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=786"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}