Victory Dance For Moses
Posted on August 20, 2005
Of course I have to post when we have a victory over the ACLU. Several emails from supporters so hat tips all around.
I got this email directly from ADF:
ALLIANCE DEFENSE FUND NEWS RELEASE
August 19, 2005 - FOR IMMEDIATE RELEASE
CONTACT ADF MEDIA RELATIONS: (480) 444-0020Federal appeals court rejects attack
on Nebraska Ten Commandments monumentU.S. Court of Appeals for the 8th Circuit says monument constitutional,
cites U.S. Supreme Court decision in Van Orden v. PerryST. LOUIS - The U.S. Court of Appeals for the 8th Circuit today ruled against the ACLU in their attack upon a monument bearing the Ten Commandments in Plattsmouth, Neb. The court reversed the decision of a district court judge who ruled the monument unconstitutional, vacating the position of a three-judge panel of the court that earlier upheld the district court’s decision.
“One offended passerby does not amount to a violation of the Establishment Clause,” said ADF Senior Counsel Gary McCaleb. “The court rightfully rejected the argument that this monument promotes religion. It has been present for many decades in the corner of a city park without any complaints. It is perfectly constitutional, as has been argued in this case from the beginning.”
ADF-allied attorney Jeff Downing, of the Lincoln, Neb., law firm Keating, O’Gara, Davis & Nedved, helped defend the case, ACLU of Nebraska v. City of Plattsmouth, with lead attorney Frank Manion of the American Center for Law and Justice.
The Fraternal Order of Eagles donated the granite monument, inscribed with the Ten Commandments, to the city in 1965. The monument stands in the corner of a 45-acre memorial park ten blocks from city hall. In 2001, the ACLU sued the city on behalf of an unidentified man who claimed the monument violated the so-called “separation of church and state,” even though the city did not routinely maintain the monument.
A federal district court judge granted summary judgment in favor of the ACLU, but the 8th Circuit panel reversed that decision, relying upon the U.S. Supreme Court’s decision in Van Orden v. Perry, which concerned a similar monument in Texas.
Today’s opinion states, “The Ten Commandments monument had stood on the Texas State Capitol grounds for forty years without legal challenge. In Justice Breyer’s view, ‘those 40 years suggest more strongly than can any set of formulaic tests that few individuals…are likely to have understood the monument as amounting, in any significantly detrimental way, to a government effort’ to promote, endorse, or favor religion.”
“Like the Ten Commandments monument at issue in Van Orden,” the court added, “the Plattsmouth monument makes passive-and permissible-use of the text of the Ten Commandments to acknowledge the role of religion in our Nation’s heritage.”
The full text of the court’s opinion can be read HERE ADF provided funding for the case and for a friend-of-the-court brief filed with the appeals court by the National Legal Foundation.
ADF is America’s largest legal alliance defending religious liberty through strategy, training, funding, and litigation.
I just gotta say I love it when freedom wins over the ACLU!
Other coverage: Merri Musings and My Vast Right Wing Conspiracy.
Thanks to Indepundit, Wizbang, Mudville Gazette, Point Five and American Housewife has open trackbacks too. I really want to get this feature on my blog too.
» Filed Under 1st Amendment, Church And State
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14 Responses to “Victory Dance For Moses”
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The Giants
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If only we could move Texas to every other state in the Union!
patd95… I believe many other states will start to realize the crap that the Socialist liberals and ACLU has been foisting upon the public all these years and will begin to correct it.
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Jay, over at Stop the ACLU, has a victory post up detailing how the 8th Circuit Court of appeals smacked down the ACLU and ruled that the Ten Commandments in Plattsmouth, Nebraska may remain in the city park. Nice!
Hey, score one for the good guys! I know you guys disagree that sometimes, the ACLU is the “good guys”, but on this one, they clearly WEREN’T, and I’m glad they were defeated SOUNDLY in court. BTW; congrats to StopTheACLU for their recent, National recognition and visibility.
Blog ON!
Part of the problem, as I see it, is that raving conservatives view the ACLU as “liberal,” when in fact, the ACLU is working to uphold the values laid down by our founding fathers (conservative). Callng the ACLU “socialist” is laughable. There can be no exceptions to the Constitution. Those who think otherwise should try living in Iran or Saudi Arabia.
Another semi-anonymous troll to contend with.
Hey Bruce, do a google search using the keywords ACLU & Communism, and do some reading.
Like I’ve said before campers, about every 2 weeks we get another one.
If they are not communist then why is the American Communist Party praising them on their web site. huh huh huh
Just another troll who does not know his subject.
Nebraska 10 Commandments Constitutional
Get a load of this: the ACLU loses a Nebraska case dealing with you know what! The 8th Circuit Court of Appeals rules that having a Ten Commandments monument on public property IS Constitutional and cites a recent SCOTUS decision, Van Orden v. Perry: &…
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Nice to get some good news, this is great!
So, we’ve made it back to Monday …
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Carnival of Liberty
Welcome to Carnival of Liberty the Eighth!
The Law:
He walks into the room,
He’s got a briefcase like a bomb
A smile on both faces
And he calls it aplomb
(Al Stewart, “License to Steal”)
[...] Whenever the ACLU fights voluntary prayer in school, a war memorial because it’s in the shape of a cross, ten commandment displays, or keeping the boyscouts from military sponsorship, and they win, you pay for their attorney’s fees. [...]