6th US Circuit Court of Appeals to ACLU: Nice Try

Last Monday, by a 19-5 vote by the full court, the 6th US Circuit Court of Appeals judges refused to rehear the case of ACLU v Mercer County, Kentucky. The appeals court rejected arguments by the American Civil Liberties Union (sic) that the Mercer County Courthouse's display of the Ten Commandments violated the Establishment Clause of the First Amendment to the U.S. Constitution.

The decision upholds a prior ruling of a three-judge panel allowing the Ten Commandments to remain on display at Kentucky’s Mercer County Courthouse.

You will remember that last December, the Sixth Circuit panel unanimously ruled that the Mercer County Ten Commandments display is constitutional. According to the court, the county’s purpose for the display is historical rather than religious. The Sixth Circuit’s jurisdiction covers Kentucky, Ohio, Tennessee, and Michigan.

In a story posted at the Agape Press.org’s Headlines page by Jenni Parker dated April 25, 2006 titled, Ten Commandments Ruling Hailed as Evidence of Tide Turning Against ACLU, an Associated Press report was cited pointing out that the December 2005 ruling made mention of the fact that the courthouse’s biblical laws are displayed alongside replicas of nine other historic documents, including the Bill of Rights and the Declaration of Independence. Even the size of the fonts being the same for all the documents was referred to, saying further that no attempt was made to put the religious document at a higher level.

Some excerpts from the Agape Press report:

(AgapePress) - Pro-family attorneys are hailing the decision of the Sixth U.S. Circuit Court of Appeals to uphold a three-judge panel's prior ruling allowing the Ten Commandments to remain on display at Kentucky's Mercer County Courthouse.

And in reference to Mathew D. Staver, Liberty Counsel's president and general counsel, who hails the Sixth Circuit's decision as a great victory that has begun to "turn the tide against the ACLU":

The Liberty Counsel spokesman believes federal courts are beginning to reject extreme notions of the so-called separation of church and state. After all, he notes, the Sixth Circuit expressly rejected the ACLU's "repeated reference" to the Establishment Clause, saying that this "extra-constitutional construct has grown tiresome" and noting, "The First Amendment does not demand a wall of separation between church and state."

Read the whole report.

Give God praise and thanks. The victory is His. Continue to pray for and support Jay Sekulow and the American Center for Law and Justice and Matt Staver of Liberty Counsel.