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A federal appeals court ruled unanimously Wednesday that a local trial judge in Ohio has no constitutional right to hang in his courtroom a poster of the Ten Commandments along with his own pointed comments about "moral relativism" and the rule of law.
In a 17-page order, the 6th U.S. Circuit Court of Appeals declared that the presence of the poster in the courtroom of Richland County Common Pleas Court Judge James Deweese violated the First Amendment rights of lawyers and litigants appearing before him. Asserting that the judge's "secular" justification for the written message was "a sham," the federal appellate judges affirmed a lower court ruling ordering Deweese to take down the poster.
Hung on Deweese's courtroom wall in 2006, the poster includes the following comments from the judge himself above the familiar list of commandments: "There is a conflict of legal and moral philosophies raging in the United States. That conflict is between moral relativism and moral absolutism. We are moving towards moral relativism. All law is legislated morality. The only question is whose morality. Because morality is based on faith, there is no such thing as religious neutrality in law or morality.
"Ultimately," Deweese's poster states, "there are only two views: Either God is the final authority, and we acknowledge His unchanging standards of behavior. Or man is the final authority, and standards of behavior change at the whim of individuals or societies." In addition, underneath the commandments, the judge added this comment:
"The cases passing through this courtroom demonstrate we are paying a high cost in increased crime and other social ills for moving from moral absolutism to moral relativism since the mid 20th century. Our Founders saw the necessity of moral absolutes. . . . The Declaration of Independence acknowledges God as Creator, Lawgiver, 'Supreme Judge of the World,' and the One who providentially superintends the affairs of men. Ohio's Constitution acknowledges Almighty God as the source of our freedom. I join the Founders in personally acknowledging the importance of Almighty God's fixed moral standards for restoring the moral fabric of this nation."
The lawsuit was brought by the American Civil Liberties Union, and the new ruling by the federal appellate judges marked the second time in the past 11 years they've had to admonish Deweese for his courtroom art. In 2000, he hung on his courtroom wall a copy of the Ten Commandments -- alone without any of his own comments -- before the federal courts ordered it taken down. In Wednesday's ruling, the 6th Circuit cited this litigation history in rejecting Deweese's new claims that he had a constitutional right to post the additional messages above and below the commandments in court.
The poster "sets forth overt religious messages and religious endorsements," the appeals panel wrote. "It is a display of the Ten Commandments editorialized by Defendant, a judge in an Ohio state court, exhorting a return to 'moral absolutes' which Defendant himself defines as the principles of the 'God of the Bible.' The poster is an explicit endorsement of religion by Defendant in contravention of the Establishment Clause."
Where are the Hacidic Jewish judges? Or the judges who are Muslim? Do we have any in this country? How would you feel if they practiced under their beliefs? BTW I have never seen a woman wearing a cross/crucifix being spit on by other Americans but I have seen it happen to a woman in Hijab. Loving Christians following that "love they neighbor" rule I guess.
February 12 2011 at 3:23 PM Report abuse Permalink rate up rate down ReplyCan someone help me How does natural law in the courts disagree?
February 10 2011 at 5:04 PM Report abuse Permalink rate up rate down ReplyHe has this entirely wrong. How can he have gone to, much less passed, law school, and still be this poor of a thinker. Of course laws are relative. 200 years ago, it was good (and god sanctioned) to keep slaves. 3000 years ago, when his grossly inadequate 10 commandments were written, it was good and god sanctioned to take the wives and daughters of the men you had just killed as concubines or slaves.
Also, the Declaration of Independence has one fleeting reference to a "Creator", and the actual important document, the Constitution, has NONE. This is for a reason.
This judge is not "joining our founders" in attempting to add his religion to our law system, he is opposing them.
"Freedom of religion does not give any one the freedom to force their religion on anyone else. Especially a Justice of the Court, they are supposed to be impartial and unbiased."
AGREED...... but it appears as if freedom from religion gives this secular society the right to force itself down christians throat.
What about the commandments on one side of his wall, and on the otherside something that is acceptable to secularists? By the way how can you be unbias and then say and then agree that "thou shat not kill? or "thou shall not steal."
Judge James Deweese is not the only judge deciding cases based on his religious and beliefs he was raised with his parents. We have judges in the Federal 7th Circuit who have opted to decide cases based on their personal experience with people of different races-not based on the law. For instance, they would look at race of the plaintiff to decide if he was really discriminated. (Please read different decisions in the 7th Circuit). Because decisions in appellate courts are controlling to federal district courts, most district court judges in the federal 7th circuit decide cases based on their beliefs and upbringing. I did not know this was a grave mistake on 7th circuit judges until I read confirmation hearing of Justice Sotomayor. While on appellate court, Judge Sotomayor said that "a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male.” That statement brought fire-storm from the members of Federal Judicial committee. Sotomayor apologized. But I guess the Federal Judicial Committee is not aware of how federal judges in the 7th Circuit decide cases. Therefore we should not be surprised with Judge Deweese religion and beliefs are injected in his court decisions. Blacks and other racial minorities are in trouble.
February 04 2011 at 3:45 AM Report abuse Permalink -1 rate up rate down ReplyThis is a foolish argument. The founding fathers did not want any religion forced upon the people. The fact that most of them came from Christian backgrounds led to the belief that this country was founded on Christian principals. The laws of this land are separate and distinct from the 10 commandments. Jesus himself stated "Render unto to Caesar that which is Caesar's". I am a Christian myself, but know enough of history to know this was founded as a secular nation. NO ONE is forced to believe in a god if they choose not to, no one is persecuted for believing any particular doctrine. That being said, it would not hurt if children were taught that stealing, lying, killing, committing adultery are wrong, and we should treat others as we wish to be treated ourselves. I have friends who are atheistists or agnostics and they are better "Christians" than alot of Christians I know. For Christians to argue that our country is based on a religion (Christianity)- what would happen if the predominent population was to become Islamic? Should the majority then be able to force their belief system on the rest of us?
February 03 2011 at 10:27 PM Report abuse Permalink +3 rate up rate down ReplyIf one wants to pray, read the bible, or the ten commandments; then attend the church of your choice. Or, do it in your own home. Religion has no place in government. That includes the courts, the schools, and any other tax payer funded endeavor or structure. Freedom of religion does not give any one the freedom to force their religion on anyone else. Especially a Justice of the Court, they are supposed to be impartial and unbiased. IN EVERY WAY!
February 03 2011 at 8:19 PM Report abuse Permalink +4 rate up rate down ReplyHow many versions are there of the ten commandments. During the trial of the Judge in Alabama who displayed them it was revealed that there are six versions. Which one is he displaying. The Federal and State constitution are the only things that are needed in a courtroom. That is what ruling are suppose to be based on.
February 03 2011 at 7:13 PM Report abuse Permalink +3 rate up rate down ReplyDear God I pray for the ACLU, they know not what they do.
February 03 2011 at 3:34 PM Report abuse Permalink -5 rate up rate down ReplyPeople want to talk about discrimination in this country, well this has become the WORST of all types. Christians are discriminated against every single day in this land and I am so sick to death of courts saying it's illegal I could scream. When are we Christians going to stand up and demand OUR rights to have OUR freedom of speech. What people in the US have LONG forgotten is that freedom of religion does NOT mean the right to suppress religious views. Chritians are not allowed to express ANY of our beliefs in this country and I for one can't wait until those who do this suppression meet THE maker one day. Boy won't they be surprised. Our country is going to hell in a handbag and every day people wonder why. THIS is the VERY reason why. Our country goes out of it's way to push God out of their daily lives and then wonder why terrible things like hurricane Katrina happen and then plead with God to help them. Sorry folks, it's too late. You can't use God only as a 911 ememrgency help line. If you don't want him in the rest of your life, he's not going to be there in the tough times.
February 03 2011 at 2:11 PM Report abuse Permalink -8 rate up rate down ReplyI think we can come to a compromise, and say that once all of the ten commandments are actually put into law, then we can display them in a courthouse. Until then, they have no reason to be there.
As of right now, 2 of 10 (murder and theft) are illegal, the rest are perfectly legal. Especially the 'no worshipping other gods' one. That has no place, and will NEVER have a place in a courtroom. The state cannot endorse a religion, and telling people they must respect only one specific god is pretty much the textbook definition of endorsement.
pdgrovebaskets -- It IS a mess. This country is a mess because more and more every day God is kicked out. People are 'falling apart' because they are losing their homes, unemployment is sky high, and more, yet we live in a time where our forefathers own belief in the God above is shoved aside and people wonder why this country is in the shape it's in. One thing confusing to me, though some will start to throw the Constitution around (which was written by men who believed that God's blessing on this country made it the strong country it once was) is that a minority as small as the LBGT community are screaming for this right and that right, yet a group many times their size, the Christian community, loses right daily and aren't standing up for what THEY believe in. Makes no sense. BEFORE anyone starts hollering about "separation of church and sstate" # 1..Those exact words are NOT in the Constitution, and #2.. the TRUE meaning is that the Government cannot enforce the people to accept one religion. The Ten Commmandments are universal, representing most ALL religions. God has MANY names - and we're kicking them all out of this country. God help us all.
February 03 2011 at 10:00 PM Report abuse Permalink -3 rate up rate down ReplyFollow Politics Daily
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