This opinion editorial by ACLJ Chief Counsel Jay Sekulow appeared on the editorial page of USA Today on Wednesday, March 2, 2005 -- the day the Supreme Court heard oral arguments in the Ten Commandments cases.
March 2, 2005
The Ten Commandments have played an integral part in the legal history of Western civilization. No one denies the religious significance the Commandments hold for many. But that does not render them unconstitutional.
Our Founding Fathers believed our nation was formed on a number of truths that emanated from a Creator, not government. As the Declaration of Independence notes that all men are created equal and “are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.”
With the Commandments on display in hundreds of courthouses and government buildings across America – including the Supreme Court of the United States where the Justices are to decide this issue – it is important to understand that the Commandments in this context are uniquely symbolic of law.
In the courtroom of the Supreme Court building itself, there’s a depiction of Moses holding the Ten Commandments complete with the words on the tablets in Hebrew displayed in a marble frieze.
More than 40 years ago, Justice Goldberg said that “[n]either government nor this Court can or should ignore the significance of the fact that many of our legal, political and personal values derive historically from religious teachings.”
Last year Justice O’Connor, a key vote on this issue, determined the phrase “under God” in the Pledge of Allegiance did not violate the Establishment Clause when she wrote: “Certain ceremonial references to God and religion in our Nation are the inevitable consequence of the religious history that gave birth to our founding principles of liberty. It would be ironic indeed if this Court were to wield our constitutional commitment to religious freedom so as to sever our ties to the traditions developed to honor it.”
The Supreme Court has a long history of acknowledging that when religion and culture intersect there are traditions and practices that are appropriate. There’s nothing wrong with acknowledging the fact that the Ten Commandments have played a key role in the development of our legal system. That’s not an endorsement of religion. That’s simply a recognition of our history and heritage and something the Supreme Court should find constitutional.
Jay Sekulow is Chief Counsel of the American Center for Law and Justice (ACLJ), a Washington, DC-based law firm which has filed amicus briefs in support of the constitutionality of the two Commandments cases before the Supreme Court.
