Ten Commandments displays do not violate Establishment ClauseMar 2, 2005 The Becket Fund for Religious Liberty on December 8, 2004, filed an amicus (friend of the court) brief with the United States Supreme Court. The brief supports the petitioners’ claims in McCreary County, Kentucky, et al. v. American Civil Liberties Union of Kentucky, et al. that a Ten Commandments display on government property does not violate the U.S. Constitution’s Establishment Clause. The Becket Fund for Religious Liberty--an interfaith, non-partisan, public-interest law firm dedicated to protecting the free expression of all religious traditions--supports the equal participation of religious people in public life and public benefits. The firm argues that letting the lower court’s decision stand would prohibit a laudable practice that began with the country’s founding--government acknowledgement of the various religious aspects of a culturally diverse society. “Government speech often involves cultural expression, in the form of public monuments, memorials, festivals, and others. And in a society like ours, where religious freedom and diversity are such cherished values, the variety of religious views and the ensuing debate among them inform and energize the broader culture in meaningful ways,” the brief explains. “Rather than require that these religious elements be targeted for special exclusion from government expression, our Constitution requires only that they not privilege one religion over others, or privilege the religious over the secular.” The privately-donated display at the McCreary County courthouse was part of an exhibit of nine historical items that contributed to the development of American law. As the other eight items were secular, the display did nothing more than recognize that religion is one patch of the broader--secular and religious--cultural quilt. It did not coerce compliance with or endorse religion in any way. “Government cultural expression--in virtually every conceivable form--has included religious elements since the Founding,” the brief notes. “American governments inevitably engage in cultural expression; American culture inevitably includes diverse religious aspects; therefore, the cultural expression of American governments inevitably includes diverse religious aspects.” The brief points out that a test that fails to take account of this phenomenon would prevent numerous acknowledgments of America’s diverse religions in the public square, ranging from the White House celebration of Diwali, a Hindu ceremony, to the City of New York’s plaque on the “Hare Krishna Tree,” to commemorate the “founding of the Hare Krishna religion in the United States.” The brief details many more examples. The brief concludes, “In short, if government is to mark and make room for cultural expression generally—and one can scarcely conceive of a government that does not—some government expressions will necessarily include religious elements.”
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