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September 03, 2010

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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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