Oklahoma Supreme Court Denies Appeal of Order to Remove Ten Commandments Monument

Oklahoma Capitol Building pdOKLAHOMA CITY, Okla. — The Oklahoma Supreme Court has declined to accept an appeal of its order to remove a Ten Commandments monument from the state capitol grounds after it declared the presence of the display unconstitutional last month.

“We carefully consider the arguments of the commission and find no merit warranting a grant of rehearing,” Chief Justice John Reif wrote on behalf of the nine justices, which ruled 7-2 not to accept the appeal.

As previously reported, the Oklahoma Supreme Court likewise ruled 7-2 last month that the monument must be removed because it violates Article 2, Section 5, of the Oklahoma Constitution, which states that property cannot be used to promote a “church denomination or system of religion.”

“No public money or property shall ever be appropriated, applied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such,” the section reads.

Concurring justices were Chief Justice John F. Reif; Justice Yvonne Kauger; Justice Joseph M. Watt; Justice James R. Winchester; Justice James E. Edmondson; Justice Steve W. Taylor; and Justice Noma D. Gurich. Vice Chief Justice Douglas L. Combs and Justice Tom Colbert dissented.

The display had been proposed by Rep. Mike Ritze in 2009, and was soon after approved by the largely Republican-run state legislature. Ritze paid over $1000 for the display, and no taxpayer funds were utilized in its creation.

“[T]he Ten Commandments are an important component of the foundation of the laws and legal system of the United States of America and of the State of Oklahoma,” the 2009 bill authorizing the monument acknowledged. “[T]he courts of the United States of America and of various states frequently cite the Ten Commandments in published decisions, and acknowledgements of the role played by the Ten Commandments in our nation’s heritage are common throughout America.”

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In August 2013, the American Civil Liberties Union (ACLU) of Oklahoma filed suit against the display, asserting that its erection on the grounds of the state capitol building was unconstitutional.

The lead plaintiff was liberal minister Bruce Prescott, the director of Mainstream Oklahoma Baptists. Prescott said that mixing the sacred with the secular in such a manner cheapens the display, and asserted that it violated the Constitution’s Establishment Clause, which says that “Congress shall make no law respecting an establishment of religion…”

Last September, Seventh District Court Judge Thomas Prince concluded that the monument served a historical purpose and not solely the presentment of a religious message as it sits on a plot of land that contains 51 other expressive monuments. But the case was appealed to the Oklahoma Supreme Court, which overturned the lower court ruling.

Gov. Mary Fallin and members of the state legislature are now considering passing legislation to alter the state constitution so that it makes provision for the presence of the monument.

“The Ten Commandments monument was built to recognize and honor the historical significance of the Commandments in our state’s and nation’s systems of laws,” Fallin said in a statement. “The monument was built and maintained with private dollars. It is virtually identical to a monument on the grounds of the Texas State Capitol which the United States Supreme Court ruled to be permissible. It is a privately funded tribute to historical events, not a taxpayer funded endorsement of any religion, as some have alleged.”

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  • Jason Brashears

    And we’re worried about Bruce Jenner and the Confederate flag lolol

  • FoJC_Forever

    Islamic terrorists are not the only concern, the social terrorists who support homosexuality and abortion are also dangerous.

    • StereoMan

      How does it make me or anyone else a “terrorist” merely because we wish to extend to homosexuals the same rights as others?

      • The Last Trump

        I give up. How?

        (Lord knows he tries his darndest to “terrorize” the Christians on this site, doesn’t he folks? “Reject the Bible! Disobey God! Embrace sin! Support and promote what Almighty God clearly calls an abomination! This day and EVERY day! And oh yeah, after you’re done completely altering your misguided and flawed beliefs and convictions to match those of my own, STOP JUDGING OTHERS!” (!?)

        Hee, hee! Just adorable! 🙂

        • StereoMan

          Oh YES Trumpy, I’m here to TERRORIZE people by telling “them not to use stone age bigotries to stamp on human rights. How TERRIFYING. (Isn’t he just hilarious, folks? If you like what you read here, check out FSTDT dot com, just type in “Last Trump” in the “fundie” field and watch how EVERYTHING he says is shot down in flames for being ridiculous, over the top Henny Penny end times crapola.)

          See, Trumpy, I can smugly play to the “crowd” too.

          Here’s your latest comment from your fan site!

          “History fail. Read a f__ing history book. Christian theocracies, like other theocracies were failed at best. At worst they represent politics and religion corrupting each other, and make great arguments for being secular. Dark Ages, Witch Trials, Inquisition, torture and killing unbelievers. That happened under Christian rule.”

          • Names_Stan

            Thanks for pointing out that website, I didn’t know it existed. With all the nuts on all the nut sites, how would one go about knowing how to navigate the site for the nuttiest comments?

            I mean, take his post here for example. How many posts a day does someone call homosexuality an “abomination”, while obviously ignoring all the other abominations they enjoy? Like lobster, shrimp, poly-cotton blends, cutting the hair at their temples, and on and on…

          • StereoMan

            He is a very specific brand of Christian, one who sees doom and destruction everywhere he looks, one of the end times fundamentalists. They are simultaneously the most uninformed and loudest of them all. And sees himself as the injured party as he attacks and rails on anyone he deems to be the enemy.

  • Dave_L

    “When the ways of people please the Lord, he causes even their enemies to be at peace with them.” (Proverbs 16:7, NRSV)

  • apeman2502

    Is being a homosexual a prerequisite to being the FBI director? ISIS is Israel and the gaudy and flamboyant pageantry, lots of red and everything, is getting to me.