Can they be placed in public places by citizens?
If the government allows it and executes it, is it being discriminatory of other religions who cannot place their “commandments”?
If the citizens place them in the public space, aren’t they exercising their freedom of expression?
See also: Roy Moore, Van Orden v. Perry, and Separation of church and state in the United States
There is an ongoing[citation needed] dispute in the United States concerning the posting of the Ten Commandments on public property. Certain conservative religious groups[who?] have taken the banning of officially-sanctioned prayer from public schools by the U.S. Supreme Court as a threat to the expression of religion in public life. In response, they have successfully lobbied many state and local governments to display the Ten Commandments in public buildings. Posting the Decalogue on a public building can take a sectarian stance, if numbered. Protestants and Orthodox, Roman Catholics, and Jews number the commandments differently. However, this problem can be circumnavigated by simply not numbering the commandments, as was done at the Texas capitol (shown here). Hundreds of these monuments—including some of those causing dispute—were originally placed by director Cecil B. DeMille as a publicity stunt to promote his 1956 film The Ten Commandments.[59]
Others oppose the posting of the Ten Commandments on public property, arguing that it violates the establishment clause of the First Amendment to the Constitution of the United States.
In contrast, groups supporting the public display of the Ten Commandments[who?] claim that the commandments are not necessarily religious but represent the moral and legal foundation of society, and are appropriate to be displayed as a historical source of present day legal codes. Also, some[who?] argue that prohibiting the public practice of religion is a violation of the first amendment’s guarantee of freedom of religion.
Those in the opposition[who?] counter that several of the commandments are explicitly religious and that statements of monotheism like “Thou shalt have no other gods before me” are unacceptable to many religious viewpoints, such as atheists or followers of polytheistic religions. Putting aside the constitutional issue of whether the constitution prohibits the posting of the commandments, there is clearly a legitimate political and civil rights issue regarding whether the posting of what could be construed as religious doctrine alienated religious minorities and created the appearance of impropriety by making it appear that a state church had been established, creating the impression that the very intent of the establishment clause was being undermined.
In addition, it has been argued[citation needed] if the Commandments are posted, it would require that members of other religions be allowed to post the particular tenets of their religions as well. For example, an organization by the name of Summum has won court cases against municipalities in Utah for refusing to allow the group to erect a monument of Summum aphorisms next to the Ten Commandments. The cases were won on the grounds that Summum’s right to freedom of speechwas denied and the governments had engaged in discrimination. Instead of allowing Summum to erect its monument, the local governments chose to remove their Ten Commandments.
This incident shows another practical reason why not posting religious doctrine on government property is expedient; it is unlikely that a believer in the commandments would appreciate having a shrine to another religion placed next to them,[citation needed] and taken to its logical outcome (as shown by the Summum incident), it is clear that permitting religious speech through the mouthpiece of the state is impractical, given the reality of the diversity of religious belief and non-belief in the United States. Rather than enforcing any religious belief, or irreligion, many feel that the state ought to be neutral on the subject of religion, and allow people to find their own faith, rather than have the state endorse or appear to endorse any particular beliefs. In response, still others argue that this can amount to State imposition of a minority belief of secularism and moral relativity, rather than the State reflecting the will of a majority, emphasizing the impossibility of the State so fully separating itself from any belief system.
Some religious Jews[who?] oppose the posting of the Ten Commandments in public schools, as they feel it is wrong for public schools to teach their children Judaism. The argument is that if a Jewish parent wishes to teach their child to be a Jew, then this education should come only from practicing Jews. This position is based on the demographic fact that the vast majority of public school teachers in the United States are not Jews; the same is true for the students. This same reasoning and position is also held by many believers in other religions. Many Christians have some concerns about this as well; for example, can Catholic parents count on Protestant or Orthodox Christian teachers to tell their children their particular understanding of the commandments? Differences in the interpretation and translation of these commandments, as noted above, can sometimes be significant.
Organizations such as the American Civil Liberties Union (ACLU) have launched lawsuits challenging the posting of the Ten Commandments in public buildings. Opponents of these displays include a number of religious groups, including some Christian denominations[who?], both because they don’t want government to be issuing religious doctrine, and because they feel strongly that the commandments are inherently religious. Many commentators see this issue as part of a wider culture war between liberal and conservative elements in American society. In response to the perceived attacks on traditional society, other legal organizations, such as the Liberty Counsel, have risen to advocate the conservative interpretation.
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