Frederick, MD - Yesterday, Federal District Court Judge William Quarles upheld the constitutionality of a monument containing the Ten Commandments that had been located in a city park since 1955. The monument was placed in the City Park by the Fraternal Order of Eagles. In 2002, the ACLU filed suit to have the monument removed. In response, the City sold the portion of the park containing the Ten Commandments monument to the Fraternal Order of Eagles. In 2003, a local resident filed a second suit claiming that the sale of the property violated the Establishment Clause and argued that the Commandments should be removed.

The District Court rejected that argument. The Court cited the case of Freedom From Religion Foundation v. City of Marshfield from the Seventh Circuit Court of Appeals which upheld a statue of Jesus formerly on a downtown public park. A portion of the property containing the statute was sold to a private foundation which continued to maintain the religious statue. Liberty Counsel represented the Henry Praschak Memorial Foundation in the Marshfield case.

Mathew D. Staver, President and General Counsel of Liberty Counsel stated, “We are pleased that the Court upheld the constitutionality of the monument in the park. It is ridiculous for a person to be offended by a religious display on private property and sue to have it removed. Words on a passive monument do not coerce participation in a religious exercise. Offense alone does not mean the government has established a religion.”

The Ten Commandments decision in the case we presented argument to the Supreme Court on March 2, McCreary County v. ACLU of Kentucky, is expected to be handed down either tomorrow or Monday.