Dixie County has 30 days to remove a granite monument of the Ten Commandments from atop the steps of the county courthouse in Cross City, where it has sat since 2006, according to a federal court ruling Friday.
The ruling, by U.S. Senior District Judge Maurice Paul, came after the American Civil Liberties Union of Florida sued to have the monument removed, saying that it violates the separation of church and state, even though the monument was paid for and maintained by a private resident.
“We hope that Dixie County officials will find a permanent place for it at a church or other house of worship, which is the appropriate place for religious monuments,” said Howard Simon, executive director of the ACLU of Florida. “Removing the monument is the right thing to do. It is not the business of government to promote religious messages about monotheism, idolatry, taking the Lord's name in vain or honoring the Sabbath.”
Dixie County officials said they are reviewing the ruling.
Marvin Hunt is a member of the Dixie County Commission. He voted in favor of allowing the monument.
“I'm displeased with the court system,” Hunt said Monday afternoon. “At this time, I can't really make a comment until we have a meeting and speak with the attorney.”
“We're disappointed,” said County Attorney Jennifer Eillison.
She said The Liberty Counsel argued the case before the court in Gainesville. According to its website, the group is “an international nonprofit litigation, education and policy organization dedicated to advancing religious freedom, the sanctity of life and the family.” It was established in 1989 in Orlando and has offices in Washington, D.C., Dallas, Lynchburg, Va., and Jerusalem.
“This is only the first step in a march to the United States Supreme Court,” said Mathew Staver, founder and chairman of The Liberty Counsel. He also is dean and professor of law at Liberty University School of Law and director of the Liberty Center for Law and Policy.
“Since 2005, we have won every Ten Commandments case except one,” Staver added. “We are ready to return to the Supreme Court. The ACLU has shown in three separate losses at the court of appeals that they have lost the High Court on this issue and they are reluctant to return.”
The ACLU of Florida sued in early 2007 to have the monument removed because, ACLU officials said, “the official government display of a religious monument is a violation of the Establishment Clause of the First Amendment to the United States Constitution, which prohibits governments from establishing religion.”
Courts have held that the “establishment” part of the First Amendment includes official sponsorship or promotion of religion, including, as in this case, what a “reasonable observer” may conclude about government sponsorship of religious views based on a monument in a public space.
The 5-foot, 6-ton granite monument sits prominently in front of the courthouse and features the Ten Commandments, as well as the additional phrase chiseled at the base of the monument, “LOVE GOD AND KEEP HIS COMMANDMENTS.”
In arguments to the court, Dixie County maintained that the monument was not owned or controlled by the county, but by a private resident — Joe Anderson Jr. — who paid for, placed and maintained the monument. The county argued that the monument was therefore not an official sponsorship of religion but a private expression of free speech. After it was erected and after the lawsuit was filed, a plaque was added at the back of the monument that reads, “PLACED OWNED AND MAINTAINED BY JOE ANDERSON, JR.” Anderson has not donated the monument to Dixie County and has not relinquished control of it.
After the court denied a Dixie County motion to dismiss the lawsuit, the county placed a sign near the monument that reads: “The items placed in this forum do not necessarily reflect the views or opinions of the Dixie County Board of County Commissioners and are not sponsored or endorsed by the Board.” The Ten Commandments monument is the only “item” in the “forum.”
Inside the courthouse, monuments on the wall are dedicated to World War II and Vietnam War veterans. A monument to Persian Gulf War veterans sits on the corner of the sidewalk, abutting the courthouse grounds. The veterans' monuments were donated by private individuals or entities, and are maintained by the county.
While the U.S. Supreme Court has ruled that “the state may not, on the claim of misperception of official endorsement, ban all private religious speech from the public square,” it has also stated that “placement of a permanent monument in a public park is best viewed as a form of government speech.”
The eastern frieze of the U.S. Supreme Court building in Washington, D.C., above the entrance used by court justices, depicts Moses holding two blank tablets. It also shows Chinese philosopher Confucius to his left and Solon, a Greek statesman, lawmaker and poet, to Moses' right.
Paul, the federal judge, weighed the two and ruled for the ACLU of Florida.
“Despite the actual ownership of the monument, the location and permanent nature of the display make it clear to all reasonable observers that Dixie County chooses to be associated with the message being conveyed,” Paul wrote in his ruling. “As such, the Court finds that the monument displaying the Ten Commandments is government speech and must comport with the Establishment Clause.”
The monument was erected after one of Anderson's employees, Skipper Jones, had called the chairman of the Board of County Commissioners in 2005 to see whether “the board would have the courage to allow Anderson” to erect the monument, according to the ruling. In response, the Dixie County Commission voted unanimously “to go ahead with having the Ten Commandments placed on the front of the courthouse steps” and the county attorney offered at the time to defend any lawsuits resulting from the monument. The court record also shows that the construction and progress of the monument was discussed with county commissioners on several occasions.
The monument was erected on Nov. 25, 2006. Approximately three months later, the ACLU of Florida sued on behalf of “Jon Doe,” who officials say is one of its members.
In ruling for the ACLU of Florida, Paul ordered the monument removed from the courthouse within 30 days of July 15, 2011, and awarded the ACLU of Florida nominal damages in the amount of $1. The ACLU of Florida requested damages not exceeding $20.
“Local governments can't wink and nod their way around the highest law of the land just because they agree with the religious message they are supporting,” Simon said. “In fact, that's exactly what the Constitution prohibits — government sanctioned, promoted or enforced religion. It is sad that a federal judge had to order the county to honor the limited role of government required by our Constitution.”
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