Id. Thus, that particular text is found in the Bible "does not mean the phrase is advocating a particular religious institution." 1993) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52 (1986)). Here, the defendants have stated a secular purpose for the display, namely, "all of the documents, including the Ten Commandments, have played a role in the formation of our system of law and government." The Court is "normally deferential" to the "articulation of a secular purpose" so long as it is "sincere and not a sham." Pleasant Hill allows the sale of alcohol by the drink. As set forth above, the facts simply do not support such an inference. 3:98cv0230 AS (N.D. Ind. Copyright 2022 Mercer County Chamber of Commerce. As stated by Chief Justice Rehnquist, and originally by Justice Cardozo, "[m]etaphors in law are to be narrowly watched, for starting as devices to liberate thought, they end often by enslaving it." Importantly, in the context of Establishment Clause challenges, the reasonable observer of a Ten Commandments display should not be an eggshell or hypersensitive plaintiff. Similarly, the law does not dictate in absolutist terms a particular context by which a government may minimize any fairly perceived endorsement of religion. v. Pinette, 515 U.S. 753, 778-80 (O'Connor, J., concurring). denied, 414 U.S. 879 (1973) (emphasis added). at 613 (emphasis added). 691 (O'Connor, J., concurring). Land records include: deeds, abstracts and indexes, mortgages, leases, grants and land patents. Chief Justice Burger rejected this argument for the Court by stating: "But we are unable to see this display, or any part of it, as explicitly discriminatory in the sense contemplated by Larson." Instead, Stone states that the Ten Commandments could even be used and studied in school, despite the fact that, as plaintiffs acknowledge, religious displays in the school setting always receive stricter scrutiny by the Supreme Court because of the coercive power of the state over impressionable children compelled to attend school because of mandatory attendance requirements.

There were 8,423 households, out of which 31.80% had children under the age of 18 living with them, 57.80% were married couples living together, 10.40% had a female householder with no husband present, and 28.30% were non-families. Santa Fe Independent School Dist. The ACLU further states that its Mercer County members use the courthouse to transact civic business and that each plaintiff believes in the separation of church and state and the freedom of religion and is offended by the display.

1997) (citation omitted). See, e.g., Freedom From Religion Found. The context of the government display in its entirety and whether this context as a whole sends an objective message that endorses religion is the appropriate constitutional analysis. Counsel are to be complimented on this effort.". Id.

This information should be taken as a guide and should be verified by contacting the county and/or the state government agency. at 5. The context in which this statement was made and subsequent Supreme Court cases have explained that this language from Stone did not purport to establish a firm rule of law categorically invalidating government displays of Ten Commandments. It is not the province of the Court to evaluate whether the Ten Commandments are "more strongly religious" than a creche or a menorah. Edwards v. Aguillard, 482 U.S. 578, 593-4 (1987) (citing Stone, 449 U.S. at 42). . It was originally the county seat of Lincoln County when it was formed in 1780, but it became the seat of Mercer County when it was created.

Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). Id. She continues her work to 1880 in the 2011 editions of the periodical Kentucky Ancestors. As of the census[11] of 2000, there were 20,817 people, 8,423 households, and 6,039 families residing in the county. See, e.g., Summum v. City of Ogden, 152 F. Supp.2d 1286 (D. Utah 2001); Christian v. City of Grand Junction, No.

See Verified Complaint, 13-14. However, the full text of these documents were edited by the defendants to display only text referencing religion andlor Christianity. The Court notes the textbook "black or white" fallacy inherent in the plaintiffs' argument that the religious or sacred nature of the decalogue forecloses a finding of a secular purpose for the display. There is no basis in law or fact to impute the "constitutional sins" committed by the Commonwealth of Kentucky, as determined by Stone in 1980, to Mercer County over two decades later. In direct opposition to the clear authority above, holding that the Ten Commandments do have a secular nature and can be constitutionally displayed, the plaintiffs extrapolate language from Stone and McCreary to argue that the defendants cannot have a secular purpose for displaying the Commandments. However, despite the clear language of Stone, the plaintiffs argue, [T]he Supreme Court's discussion of the purpose prong in Stone makes it nearly impossible for Mercer County to identify a valid secular purpose." 0l-480-KSF (E.D. The defendants' contention that the "cards are stacked against them" during this discovery is misplaced. Ct. Cob. Lynch involved only one religious symbol, the Christian creche; whereas, Allegheny involved only one religious symbol, the Jewish menorah. at 620 (citations omitted) (emphasis added). Listed below are libraries in Mercer County. .") (1) Plaintiffs' motion for preliminary injunction [DE #2] is DENIED; American Civil Liberties Union v. Mercer County, CIVIL ACTION NO. According to Chief Justice Rehnquist, Justice Scalia and Justice Thomas, a Ten Commandments display in an historical, secular setting, even immediately outside a municipal building housing local courts and local prosecutor's offices, would likely not send an "unmistakable message" of government support for, or endorsement of, religion. In both Lynch and Allegheny, the Court considered the endorsement test in the context of government displays of symbols, a creche and menorah, with undisputed religious significance, like the Ten Commandments. As emphasized by Rutherford, language in McCreary and Grayson appears to be at odds with the Supreme Court's decisions in Lynch and Allegheny, both more recent than Stone and both taking a more tempered approach, reflecting an interpretation of the Establishment Clause that accommodates religion. The Ten Commandments, as biblical text, "has become a moral as well as religious resource of insights in our Western culture."

There is no evidence before the Court that the version of the decalogue displayed by Mercer County is identifiable with any particular religious sect or denomination. The Ten Commandments are a cornerstone of American Law." Aside from the fact that the context of the display did not contain other secular items, the creche also contained a sign reading "This Display Donated by the Holy Name Society (a Catholic religious group). An en banc Sixth Circuit recently stated that the mere fact that a governmental action does not have an exclusively secular purpose does not mean that the action violates the Lemon test. Thus, the teaching of Lynch and Allegheny apply with full force to the Ten Commandments context.

The defendants in McCreary initially displayed only the Ten Commandments with no other items in the display. at 319 (citing Lynch, 465 U.S. at 692 (O'Connor, J., concurring) ("[A] typical museum setting, though not neutralizing the religious content of a religious painting, negates any message of endorsement of that content.")). Id. Before applying the Lemon test, it is important to understand that since Lemon was decided, the Court has modified the second prong to include Justice O'Connor's "endorsement test."

Ky. 2000) ("McCreary I") and American Civil Liberties Union of Kentucky v. McCreary Co., 145 F. Supp.2d 845 (E.D. For purposes of this opinion, the Court will analyze and cite interchangeably American Civil Liberties Union of Kentucky v. McCreary Co., 96 F. Supp.2d 679, 683 (E.D. 1973), a Tenth Circuit Case which upheld a courthouse display of the Ten Commandments, further proves that Stone only invalidated Ten Commandment displays in certain contexts. (quoting Lynch, 465 U.S. at 680)). . At 580. v. Schempp, 374 U.S. 203, 252-53 (1963) (Brennan, J., concurring); see also Lee v. Weisman, 505 U.S. 577, 592 (1992) ("[T]here are heightened concerns with protecting freedom of conscience from subtle coercive pressures in schools. The first prong of the Lemon test merely requires that the government act with a secular purpose. Statebook Relegating aside any merits of Augustine's rigid line of demarcation between the sacred and secular from a religious perspective, modern establishment clause jurisprudence, from a secular perspective soundly rejects such discrete demarcation of the religious and secular. [citation needed].

1993). As proof that the plaintiffs' broad reading of Stone is folly, it is first necessary to look to later clarification by the Supreme Court.

For the above reasons, this Court adopts the reasoning of a recent federal district court case from Tennessee disagreeing with the reasoning in McCreary and Grayson. As further support for the proposition that religious objects or texts may be used by government in the secular sense without offending the Constitution, one need only look to the Sixth Circuit's last word on the Establishment Clause, in an en banc opinion. Bd., Case No. Finally, the facts of McCreary are far removed from this case in that the McCreary defendants displayed only the Ten Commandments, without any other context, and the history of that litigation revealed a non-secular religious purpose of promoting Christianity. Gov't of Nashville Davidson County, Tenn., 274 F.3d 377, 400 (6th Cir. Everett C. Hoffman, Segal, Stewart, Cutler, Lindsay, Janes Berry, PLLC, Loisville, KY, David A. Friedman, American Civil Liberties Union of Kentucky, Louisville, KY, Caroline L. Laurie Griffith, Loisville, KY, For Plaintiffs. It is undisputed that McQueary is an ACLU member living in Mercer County. In this Court's opinion, neither the Constitution nor Stone impose such a would-be constitutional straight jacket or conundrum for governments legitimately wishing to display a document having great secular influence on the development of our laws, such as the Ten Commandments. Id. The language from Edwards alone is sufficient for this Court to reject the plaintiffs' argument that the mere fact that the Ten Commandments have a religious nature to some renders any government display of the Commandments unconstitutional. "); Wallace v. Jaffree, 472 U.S. 38, 60 n. 5l (1985); Marsh v. Chambers, 463 U.S. 783, 792 (1983). Id. 25.10% of all households were made up of individuals, and 11.60% had someone living alone who was 65 years of age or older.

The explanation for the Ten Commandments is as follows: As the photos attached to the McGinnis affidavit indicate, each frame in the display is the same size and no one item is displayed more prominently than the other. If a property is purchased after that date, state statute requires the tax bill be issued in the name of the former owner until the next calendar year.

A preliminary injunction is an extraordinary remedy intended to preserve the status quo until the merits of a case may be resolved. The defendants argue that the plaintiffs have alleged "boilerplate" standing and challenge whether McQueary or any other ACLU member has actually seen the display, relying on Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 485 (1982) (rejecting standing where the plaintiff alleges no injury beyond the "psychological consequence presumably produced by observation of conduct with which one disagrees"). According to three Supreme Court Justices, "Livermore's proposal would have forbidden laws having anything to do with religion and was thus not only far broader than Madison's version, but broader even than the scope of the Establishment Clause as we now understand it." 2000), cert. FamilySearch affiliate libraries may have access to center-only databases, but do not always have all services normally provided by a family history center. In the Establishment Clause context, "[t]he line we must draw between the permissible and the impermissible is one which accords with history and faithfully reflects the understanding of the Founding Fathers." The plaintiffs at oral argument, in contradiction to portions of their brief taking a more hard-line stance, apparently concede in vague terms that a "neutral" display containing the Ten Commandments would pass constitutional muster. "If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted."

denied, 516 U.S. 1111 (1996). In October, 2001, the Mercer Fiscal Court gave permission to Mr. Carroll Rousey, a county resident, to hang a display entitled "Foundations of American Law and Government" in the County Courthouse. The plaintiffs devote several pages of their brief arguing that the Ten Commandments are indeed religious text for certain believers. 2001) (Coffey, J., dissenting), cert. "The mere existence of a scintilla of evidence in support of the [nonmoving party's] position will be insufficient; there must be evidence on which the jury could reasonably find for the [nonmoving party]." Whether the relative benefits of a display acknowledging the historical, secular influence of the Ten Commandments outweigh the sincere objections of citizens who are personally offended by such a display, in this context, is a matter entrusted to the judgment of local citizens and their elected representatives. See Capitol Square, 243 F.3d at 302. 01-D-685 (D. Colo. June 27, 2001); State v. Freedom from Religion Found., 898 P.2d 1013 (Colo. 1995), cert.

It would be a mistake for a reasonable observer to conclude that the display sends the message of government endorsement of religion. See Wallace, 472 U.S. at 56; McCreary, 96 F. Supp.2d at 687.

The defendant's motion for summary judgment will be denied without prejudice, subject to being refiled after the limited discovery period.

Anderson, 475 F.2d at 32 (citing Allen v. Hickel, 424 F.2d at 948). Finally, the McCreary court rejected the government's third and fourth attempt to display the Commandments, based upon the totality of the circumstances, due to the "above history of the government's involvement in these displays." Conclusory allegations are not enough to allow a nonmoving party to withstand a motion for summary judgment.

1998) (citing Golden v. Kelsey-Hayes Co., 73 F.3d 648, 653 (6th Cir. A second law was written in 1874-1879, and 1892-1910 but, again, was not always followed. As indicated from Allegheny, if the display as constituted contained a sign indicating "sponsored by Harrodsburg Baptist Church," or the like, this would also impermissibly emphasize the religious nature of the Commandments. denied, 122 S.Ct. See the wiki page Kentucky Probate Records for information about how to use probate records. . However, the plaintiffs dispute the Ten Commandments' secular nature and further challenge the influence of the Commandments on the development of our laws. . Therefore, the plaintiffs have not demonstrated that they are likely to prevail on the merits and judgment shall be entered in favor of Mercer County on the motion for preliminary injunction. Company D of the 192nd Tank Battalion, which took part in the World War II Battle of Bataan was from Harrodsburg. . March 4, 2002) (on remand) (both rejecting a finding that displays substantially similar to the one at bar send the unmistakable message of endorsement in the mind of the reasonable observer). Rousey informed the Fiscal Court that the Kentucky General Assembly had recently passed a resolution authorizing the inclusion of the Ten Commandments in displays of formative, historical documents on government property.

For example, the display could have included various quotes from historic lawgivers. Stone quite simply invalidated Kentucky's statute requiring the posting of the Ten Commandments in public schools for two reasons neither of which are present in this case: (1) the school setting, in which the Court clearly applies stricter scrutiny, and (2) the finding by the Supreme Court that the Commandments were not posted as an historical display or integrated into the curriculum, but were instead posted alone, ""purely as a religious admonition."

The emerging patchwork quilt of Ten Commandments cases gives credence to Chief Justice Rehnquist's view that the real problem is Lemon itself. Lynch, 465 U.S. at 680. of course, the Court must analyze the constitutionality of the challenged display not in isolation, but in the display's entirety. It would likewise be unreasonable for an observer to focus solely on the religious nature of the Ten Commandments since the other items in the display emphasize the secular legal and historical nature of the Commandments. Both Mercer County, Kentucky, and Charles H. McGinnis, in his official capacity as Mercer County Judge Executive, are defendants. . The plaintiffs' reasoning supports, in terms of metaphors, an overly simplistic constitutional scheme of classification in which items from the constitutionally radioactive "City of God" must be forever separated from the secular "City of Man" by an artificially constructed "wall."

Mercer County is not obligated to minimize the religious aspect of the Ten Commandments; instead, the context of the display is the constitutional key it is the message of possible government endorsement of religion that must be sufficiently minimized by the setting and context. As stated above, the secular purpose of acknowledging the Commandments' influence on our laws is not a sham because such a purpose has historic support and there is an absence of evidence indicating that the stated reasons for the display constitute a sham. Id. As Judge Coffman indicated, that decision was based upon the fact that the particular history of the lawsuit allowed the court to deduce an impermissible intent on the part of the government officials to promote the religious nature of the Ten Commandments, as opposed to the secular nature of the Commandments. The median income for a household in the county was US$35,555, and the median income for a family was $43,121. Finally, the unique factual circumstances dictating the result in McCreary are simply not present in this case. 1994), cert. See, e.g., Anderson v. Salt Lake City, 475 F.2d 29 (10th Cir.) This written Opinion elaborates upon the August 22 decision, providing more extensive analysis of the Court's reasoning. The Commandments are an almost universal and instantly recognizable symbol of the rule of law and are displayed in at least five locations in the United States Supreme Court building. However, it is important to emphasize that this ruling at the preliminary injunction stage does not necessarily bind the Court to rule similarly on the motion for a permanent injunction and declaratory judgment. Oh.) As explained in Rutherford, the display certainly could include other items which would perhaps better emphasize that the intent was not religious in nature. ACLU of Ohio v. Capitol Square, 243 F.3d at 309. The rail yard and station were located at the corner of Office Street and Merimon Avenue. 1999) (indicating the fact that a secular holiday coincides with a day that has religious significance for Christians does not defeat the secular purpose justifying the state holiday). Mathew D. Staver, Erik W. Stanley, Liberty Counsel, Longwood, FL; Francis J. Manion American Center for Law Justice, New Hope, KY For Defendants. If, however, a new owner does not receive a copy of the tax bill, the owner may contact the Mercer County Sheriff's Office at (859)734-4221 to obtain that information. We are excited to see you for a day trip, a weekend getaway or a vacation.

The Court simply requires that the display not be "motivated wholly by religious considerations."

Companies A, C, D, and F of the 11th Kentucky Cavalry (Union) were organized at Harrodsburg in July 1862.

The fact that it is difficult to distinguish acknowledgment and endorsement does not impale the legitimacy of the line drawn between the concepts as explained by the Supreme Court in such cases as Lynch and Allegheny. The Mercer Fiscal Court gave permission for the display as part of its authority over the decoration of public property owned by the County. Co. v. Reno, 154 F.3d 281, 288 (6th Cir. See plaintiffs' brief in support of preliminary injunction, p. 5. Even if one wished to dispute the dictionary record of Noah Webster as to the contemporaneous meaning of "establishment" and the views of Chief Justice Rehnquist as to the contemporaneous understanding of the Establishment Clause, reasonable minds cannot dispute that the "touching" language would have provided constitutional mortar for the plaintiffs' wall theory, had that language not been rejected by the framers. "Candor compels acknowledgment . Based upon the above interpretive principles and the more specific analysis stated below, the Court disagrees with the analysis of McCreary and similar cases addressing the context of the display at bar and instead adopts reasoning similar to that set forth in the more recent cases of Rutherford, 209 F. Supp.2d 799 and Books v. City of Elkhart, No. Since the current case is devoid of actual evidence of a sham intent, plaintiffs' attempt to extend Stone far beyond its fair reading, particularly in light of its facts and subsequent Supreme Court case law explaining Stone. The defendants' attempt to distinguish the Sixth Circuit precedent by arguing that the plaintiffs contact here is remote and not as frequent as the plaintiff in Washegesic who had "continuing direct contact with the object at issue."

For every 100 females age 18 and over, there were 89.70 males. [4], According to the U.S. Census Bureau, the county has a total area of 253 square miles (660km2), of which 249 square miles (640km2) is land and 4.5 square miles (12km2) (1.8%) is water.[5].

This page has been viewed 36,088 times (1,334 via redirect). See, e.g., Baker v. Adams Co. Sch. The records for each county are divided by militia district. See Books, 235 F.3d at 317 (Manion, J., concurring in part and dissenting in part). The display includes: the Mayflower Compact; the Declaration of Independence; the Ten Commandments; the Magna Carta (in two frames); the Star Spangled Banner; the National Motto "In God We Trust;" the Preamble to the Kentucky Constitution; the Bill of Rights; and Lady Justice. 1996), cert.

2000). The district also includes acres of farm and parkland. Box 316Harrodsburg, KY 40330Phone: 859-734-5985Email: Library@HarrodsburgHistorical.orgWebsite. 1985) cert. denied, 122 S.Ct. The plaintiffs' argument fails to account for the fact that, according to Justice Brennan, "[t]his distinction warrants a difference in constitutional results."

.

For state-wide library facilities, see Kentucky Archives and Libraries. Scheduled server maintenance will occur from 4 PM to 12 AM EST on the following dates: During the dates listed, access to the site may be unavailable between 4pm to 12am.

The plaintiffs believe that the Ten Commandments are only a sacred, religious document, and that the Commandments cannot be described as a unique foundational document for American law in general. According to Judge Coffman, this "history" of the litigation was sufficient to show defiance of the law and court orders on the part of the government, making clear the defendants' religious intent for the display. The plaintiffs are unable to allege an excessive entanglement in part because it is undisputed that a private person (Carroll Rousey) donated the display, paid for it with his own funds and has agreed to the upkeep of the display. For suggestions about research in places that suffered historic record losses, see: For animated maps illustrating Kentucky county boundary changes, "Rotating Formation Kentucky County Boundary Maps" (1776-1939) may be viewed for free at the MapofUS.org website. However, if the Commandments are displayed with other historical and political documents that similarly influenced the development of the common law, this would overly connect the Commandments with the secular government. Courts are "reluctan[t] to attribute unconstitutional motives to the States, particularly when a plausible secular purpose for the State's program may be discerned from the face of the statute." The stricter view requires plaintiffs to allege altered behavior in an effort to avoid contact with a religious symbol. No. Instead, "there is an unbroken history of official acknowledgment by all three branches of government of the role of religion in American life from at least 1789." at 343. at 6. Allegheny, 492 U.S. at 598-600; Lynch 465 U.S. at 680. [2], Mercer County Courthouse235 S Main StreetPO Box 426Harrodsburg, KY 40330-1696Phone: 859-734-6310[3]Mercer County Website. at 249-50 (citations omitted). This is not the law. State prohibition of murder, theft and adultery reinforce commands of the decalogue." Cf ST. AUGUSTINE, BISHOP OF HIPPO, THE CITY OF GOD (Marcus Dods ed. In Lynch, the Court upheld the display of a creche, along with various secular items associated with Christmas, such as Santa Clause, a reindeer, a Christmas tree, carolers, etc. The Harrodsburg Historical Society220 South Chiles StreetP.O. . The Louisville Southern Railroad reached Harrodsburg in 1888.

In Books, the district court, on remand from the Seventh Circuit, approved a proposed display on a courthouse lawn containing the Ten Commandments, the Bill of Rights, the Declaration of Independence and the Preamble to the Constitution. According to Justice O'Connor, it is important to understand that "there is always someone who, with a particular quantum of knowledge, reasonably might perceive a particular action as an endorsement of religion, but that "someone" does not constitute the "reasonable observer" for purposes of the endorsement test. United States District Court, E.D. at 612-13. For tips on accessing Mercer County, Kentucky Genealogy census records online, see: Kentucky Census. [did not] so "taint' the city's exhibit as to render it violative of the Establishment Clause. For every 100 females there were 94.00 males. Lynch, 465 U.S. at 680.

Capitol Square further quoted Lynch, "Were the test that the government must have "exclusively secular' objectives, as the Supreme Court noted in Lynch v. Donnelly, 465 U.S. at 681 n. 6, much of the conduct and legislation this Court has approved in the past would have been invalidated."

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