Group claims proposed Justice Center display would violate Constitution
Published: 9:36 AM, 07/28/2010
Last updated: 9:40 AM, 07/28/2010
Source: The Rogersville Review
By Bill Grubb News Editor
ROGERSVILLE - Commissioners
should listen to constituents and legal advice from the county attorney, but a "nasty letter" from
an organization based in Wisconsin should carry little weight in determining whether a display that
includes the Ten Commandments should be allowed in the Justice Center lobby.
Juvenile Judge James "Jay" Taylor, who is spearheading the effort to raise private funds to
place a "Foundations Display" exhibit at the Justice Center, discussed the project at Monday's
Hawkins County Commission meeting. Although not on the agenda for
consideration by the full commission, the Public Buildings committee gave its blessing to Taylor's
proposal at a recent meeting. The display would include the Mayflower
Compact, Declaration of Independence, Ten Commandments, Magna Carta, Star Spangled Banner, National
Motto, Preamble to the Tennessee Constitution, Bill of Rights, a picture of Lady Justice, Benjamin
Franklin's epitaph and George Washington's inaugural address and prayer at Valley Forge. The
purpose of the Foundations Display, according to Taylor, is to "recognize the exhibits and their
historical contribution to the development of American legal and political
traditions." During his comments Taylor made reference to a seven-page letter
commissioners and County Mayor Crockett Lee, as well as media outlets, recently received from the
Freedom From Religion Foundation (FFRF). "I am
writing on behalf of concerned Hawkins County taxpayers and other members of the Freedom From
Religion Foundation(FFRF) to alert you to serious violations of the Constitution by Hawkins County,"
the letter, signed by FFRF staff attorney Patrick Elliott, states.
According to Elliott, the organization has 16,000 supporters, including more than 175 in
Tennessee, with the main purpose "to protect the constitutional principle of separation between
church and state." Taylor, who said he had anticipated some opposition also
said he believes the display does comply with what federal courts have ruled constitutional,
including a court decision earlier this year involving a similar display in Grayson County,
Kentucky. "We waited to see if there would be further requests to review that
case, and there wasn't, and we picked up our pace," Taylor explained. "We knew with all certainty
that there would be objections made. We expected that. We can't do something like this without
getting letters from people." Taylor also said he is of the opinion the
display is permitted, but he also suggested County Attorney Jim Phillips should review the matter
and give legal advice to commissioners based on legal precedents. While
referring to the "unconstitutional religious display" the letter does not threaten legal action but
does ask commissioners to "ensure that no individual is permitted to misuse the Justice Center to
promote a religious-themed display." "There will be a question, 'Is this type
of display allowed?' And our federal courts have already answered 'Yes, it is.' The next
question will be 'Is our particular display going to be covered by that protection?' That will be
something that we can work together to ensure that it is," he told commissioners.
Elliott's letter argues the proposed Hawkins County display "has a predominant religious theme
and incorporates items that are historically inaccurate and items with little historical
significance to the foundation of American law or citizens heritage."
The letter also notes while a "Foundations Display" was upheld in the
Grayson County case, the proposed Hawkins County display contains "many elements with a
religious message that were not included in the Grayson County display and have not been the subject
of judicial scrutiny." The letter also criticized the proposed location, in
the main lobby near the main courtroom and Taylor's involvement in the project since he holds an
elected position. "A significant difference between the Grayson case and
Hawkins County is the role of government officials in creating the display," Elliott wrote.
"Judge Taylor has been greatly involved in sponsoring and creating a religious-themed display for
the Justice Center. This confers inappropriate governmental endorsement."
In addition to consulting with the county attorney, Taylor said commissioners should listen to
the people they represent before making a final decision on the display. Only
County Commissioner Chris Jones spoke up in favor of the display project during Monday's meeting,
although when approved at the committee level the vote was unanimous. "If you
decide after that you want to vote against it, then vote no. If you decide that you want to
support it, then I encourage you to stand boldly and support it. If you decide that you don't want
to support it, don't let it be because some out-of-county or out-of-state group has sent us a nasty
letter," Taylor said.
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