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Just received in my Emailbox:
Appeals Court Rejects Harris County's Effort To Overturn Lower Court Ruling That Religious Display Violates Constitution
Americans United for Separation of Church and State today applauded a federal appeals court decision that effectively bars a Bible display outside a Texas county courthouse.
By a 11-5 vote, the 5th U.S. Circuit Court of Appeals ruled that a legal controversy over a religious memorial outside the Harris County Civil Courthouse is moot because the display has been removed by county officials. But the judges left in place a lower court ruling that the display violates the constitutional separation of church and state.
"This is great news," said the Rev. Barry W. Lynn, executive director of Americans United. "Courthouses should dispense equal justice to all Americans, whether they are Baptists, Buddhists or Bahais. When the holy scriptures of one faith are displayed at a courthouse, that sends a clear message that one religion is favored over others."
The display prominently featured an open Bible illuminated by neon lighting in a glass-topped case. It was erected in 1956 by a Christian charity to honor William S. Mosher, a Houston businessman and philanthropist. The monument faced the main entrance to the Harris County courthouse and was therefore plainly visible to attorneys and other visitors.
Today's ruling in Staley v. Harris County leaves in place a 2004 district court decision that the display runs afoul of the church-state separation provisions of the Constitution. The 5th U.S. Circuit Court of Appeals reached the same conclusion in a ruling on Aug. 16, 2006.
Kay Staley, a resident of Harris County and an attorney who does business in the courthouse, challenged the display in federal court as a blatant constitutional violation. Americans United represented her in the litigation before the appeals court.
Said Americans United Legal Director Ayesha N. Khan, "The county has now lost this case three times, first before the trial court, then before a three-judge panel of the appeals court and now before the full appeals court. At some point, a misguided political agenda must give way to fiscal responsibility."
Americans United is a religious liberty watchdog group based in Washington, D.C. Founded in 1947, the organization educates Americans about the importance of church-state separation in safeguarding religious freedom.
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