Posted on 08/19/2005 10:14:15 PM PDT by Jay777
ST. 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 reversed that decision, relying upon the U.S. Supreme Court's decision in Van Orden v. Perry, which concerned a similar monument in Texas.
(Excerpt) Read more at telladf.org ...
Thanks for the good news, Jay. Prayers are powerful.
Jeez...sorry about that.
Excellent! Fight the (communist) power!
Yes! Stop the ACLU!
Woohoo! Wonderful news, thanks.
That *is* good news. But it is still *not* a victory. As I understand it, these frivolous lawsuits by the ACLU are funded with our own tax dollars. As such this is a long term war we can not win. Even when they lose a battle, they take their pay from our pockets and build up a head of steam for the next lawsuit. Until it starts biting them in their own pocketbooks, the lawsuits will continue -- right up to the point where it is financially beneficial to acquiesce. We must find a reasonable way to enable citizens to petition the government for redress economically without allowing groups like the ACLU to turn that act into a self-fullfilling industry. It's about time the ACLU started picking up their own tab.
Sanity bump.
Good to see the scumbag athiest Democrats lose another one.
Great news!!
*ALL* Democrats are atheists? *ALL* Democrats are scumbags?
What if I said that all Republicans are raving Bible beaters? Of course, it's not true, but that's the logic you're using.
You might garner more support if you did not always speak in generalizations. Not *ALL* Democrats support Michael Moore. I'm a proud liberal Democrat, thank you, and I voted against Bush in the election, but I think that Michael Moore is a loudmouth. I don't like Bush too much, but I don't think he's the embodiment of evil. Nor do I think he should be assassinated or anything else the far far left might propose.
Might want to rethink the second line of that post.
Ringo
You pinged me 3 times...Take me OFF this ping list...
See poster "RingoD" = troll
True, some of you are decent and bearable. Although I would never vote for Lieberman over a Republican, I think he's a good and decent soul.
hence they are hard at work through their legal proxies to try and get anything related to the true GOD out of the culture.
Thank You Jesus! Finally a court who can actually read and understand the establishment clause in the constitution!
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