NEW ORLEANS =97 Displaying a ****trait of Jesus in the foyer of a
Louisiana courthouse is unconstitutional, a federal judge ruled this
week, siding with civil libertarians who sued over the display.
But inserting Jesus within a group ****trait of historic figures at the
courthouse is permissible, the judge said.
In a ruling filed Wednesday, U.S. District Judge Ivan Lemelle awarded
"nominal" damages plus attorneys' fees and costs to the American Civil
Liberties Union of Louisiana in its case against Slidell City Court,
Judge James Lamz and St. Tammany Parish, which partially finances the
court.
Lemelle said during a hearing last September that he would have
ordered court officials to remove the Jesus icon if they hadn't
already expanded the display to include ****traits of other historic
"lawgivers," including Moses, Charlemagne and Napoleon Bonaparte.
His ruling this week echoes those remarks and explains that the
expanded display is constitutional because a reasonable observer
wouldn't see it as sending a religious message.
However, Lemelle concluded that the plaintiffs' constitutional rights
were violated by the original display, which depicted Jesus presenting
the New Testament above the words, "To Know Peace, Obey These Laws."
"Context" is the "crucial factor" in determining if a religious
display is unconstitutional, Lemelle wrote.
The U.S. Supreme Court ruled that a Ten Commandments display on the
grounds of the Texas state capitol was constitutional, in part,
because it was accompanied by other monuments and historical markers,
Lemelle noted.
However, the Supreme Court ruled that a Ten Commandments display in
Kentucky was unconstitutional because county officials there had
"specifically expressed their intent to erect and maintain a religious
display," Lemelle wrote.
J. Michael Johnson, an attorney representing the defendants for the
Alliance Defense Fund, a Christian civil rights group, said he is
disappointed by Lemelle's ruling and may file an appeal.
The ACLU sued the lawsuit last year on behalf of an unidentified
person who complained about the original display. Esman said the
ACLU's objections were satisfied by the expansion of the display.
Lemelle gave the plaintiffs 10 days to propose a "reasonable" award
for attorney's fees and costs. The ACLU has asked for only $1 in
damages.
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