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Arkansas Ten Commandments Monument Should Stand, Religious Liberty Law Firm Tells Court

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March 7, 2023

News Release
For Immediate Release: 3.7.23
Contact: Peyton Luke, media@firstliberty.org
Direct: 972-941-4453 

Arkansas Ten Commandments Monument Should Stand, Religious Liberty Law Firm Tells Court

First Liberty Institute joins Arkansas Attorney General in defense against Freedom From Religion Foundation, Satanic Temple lawsuit against monument

Little Rock, AR—Attorneys with First Liberty Institute and the Arkansas Attorney General’s Office filed a motion for summary judgment urging a federal court to reject lawsuits filed by The Satanic Temple, Freedom from Religion Foundation, American Humanist Association, the Arkansas Society of Freethinkers, and others challenging the constitutionality of a Ten Commandments monument on the grounds of the Arkansas state capitol.

You can read the motion, here.

“The Supreme Court already settled this debate – displays that are part of the history and tradition of America, like the Ten Commandments, are presumed to be Constitutional,” said Lea Patterson, Counsel at First Liberty. “Displaying the Ten Commandments—a symbol of law and moral conduct with both religious and secular significance—is a longstanding national tradition as a matter of law.  The court should summarily reject these anti-religion activist organizations’ unfounded lawsuits.”

In 2015 the Arkansas State Legislature authorized the placement of the monument on the Capitol grounds. Less than 24 hours after it was erected in 2017, the privately-donated monument was destroyed when a man ran over it with his pickup truck.  The replacement monument was placed in 2018.

Despite Supreme Court opinions concluding that similar Ten Commandments displays are constitutional, several individuals and groups sued. But as Justice Breyer observed in his concurring opinion in Van Orden v. Perry, which found a nearly identical Texas monument constitutional, the monument “communicates to visitors that the State sought to reflect moral principles, illustrating a relation between ethics and law that the State’s citizens, historically speaking, have endorsed.”  Recently, in The American Legion v. American Humanist Association, the Supreme Court noted that the Ten Commandments “have historical significance as one of the foundations of our legal system.”

Today’s brief states, “The Establishment Clause doesn’t require blotting religion out of the public square. Displays like the Ten Commandments monument represent our history and traditions and are perfectly constitutional.”

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About First Liberty Institute

First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.

To arrange an interview, contact Peyton Luke at media@firstliberty.org or by calling 972-941-4453.

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