This article
was written as a result of HAF's filing of an amicus brief
with the U.S. Supreme Court regarding the 10 Commandments
case. The below article is republished with the permission
of The Argus.
Justices
hear Ten Commandments cases
Fremont president
of Hindu group backs efforts to remove Decalogue from Texas
Capitol
FROM STAFF WRITER AND WIRE REPORTS
By Rob Dennis
March 3, 2005
WASHINGTON
— The subject Wednesday at the Supreme Court was the
Ten Commandments on government property, and Moses was the
star of the show.
A stone image of the patriarch,
holding a Hebrew-inscribed tablet, occupies a prominent place
in the justices' own courtroom, alongside Confucius, John
Marshall and others in a frieze dedicated to history's great
lawgivers.
In a controversial issue
that has attracted the interest of a Hindu nonprofit group
with many Fremont members, lawyers argued for and against
displays of the Decalogue in Texas and Kentucky, and the attorneys
and justices repeatedly referred to that frieze.
What if, instead of a 6-foot
stone monument on the state capitol grounds bearing the words
of all 10 commandments — beginning with "I am the
Lord thy God" — Texas posted a version similar
to the one Moses holds in the frieze, in which only the last
five are visible? Justice Ruth Bader Ginsburg asked.
"That is still unconstitutional.
It would still be the state of Texas expressing the message
that there is a God," replied Erwin Chemerinsky, a Duke
University law professor representing an opponent of the Texas
monument. The court's frieze is constitutional, Chemerinsky
said, because it places the commandments in a secular, historical
context.
So does the Texas monument,
countered Greg Abbott, the attorney general of Texas. He told
the court that it is part of a "parklike" area dotted
with monuments to veterans, pioneers and other "historical
influences" that have shaped Texas.
The Texas and Kentucky cases,
argued separately in the course of two hours, represent the
court's first foray since 1980 into an issue that most recently
boiled over with the failed effort of Judge Roy Moore to install
a massive stone copy of the Ten Commandmentsat the Alabama
Supreme Court.
The Hindu American Foundation
spearheaded the filing in December of an amicus curiae (friend
of the court) brief in the Texas case.
The Tampa, Fla.-based foundation
is an advocacy group for U.S. Hindus.
Many of its members live
in Fremont, including foundation President Mihir Meghani.
He said it is difficult to tell how the court will rule.
"I imagine it's going
to be split, as so many of these controversial cases are,
and we'll have to abide by whatever the decision is,"
said Meghani, a Kaiser emergency room doctor.
"Rather than a very
broad, broad ruling, this case may come down to a very specific
ruling — the specific instances in this case."
Regardless of the outcome,
the case may help encourage tolerance and pluralism, Meghani
said.
"One good thing this
case has done for Americans is it's really opened up people's
minds to different perspectives," he said.
"It's great for people
to have a strong belief in their own faith, but it should
not come at the expense of denigrating or looking down at
others."
Opponents of displaying
the Ten Commandments on public property say it amounts to
a governmental imposition of monotheism.
Proponents say it is often
nothing more than a recognition of the role Judeo-Christian
norms played in Western Civilization and the founding of the
United States itself.
The court banned the mandatory
display of the commandments in public schools in 1980.
Its broader doctrine on
publicly sponsored religion permits limited exercises or displays
that serve a secular purpose, such as acknowledging the historical
role of religion in American life, without "endorsing"
particular beliefs.
The full brief may be viewed at http://www.hinduamericanfoundation.org/campaigns_10_commandments-amicus_brief.pdf.
The docket for the case may be viewed on the Supreme Court's
Web site at www.supremecourtus.gov/docket/03-1500.htm.
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