Until 1991, a limestone monument featuring the 10 Commandments was displayed at the Indiana Statehouse lawn.
Now, Indiana Governor Mike Braun and Attorney General Todd Rokita are trying to bring such a monument back to the statehouse.
The monument in question is a gift from the Indiana Limestone Institute and is currently in Bedford.
Due to a 20-plus year court injunction — such displays are not allowed, under the Establishment Clause of the First Amendment of the U.S. Constitution:
The Establishment clause prohibits the government from "establishing" a religion. The precise definition of "establishment" is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England.
The three-sided monument features the 10 Commandments on one side, the Bill of Rights on the other side and the preamble to the Indiana Constitution on the smaller side.
Rokita and Braun are asking a federal court to remove an injunction based on what they argue is the old standard for such monuments.
They point to recent cases where the 10 Commandments and religious symbols have been allowed by the courts to remain on government property.
They argue that "simply having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause."
They specifically point to a 2005 case in Texas and a 2019 case in Maryland where symbols of religion were allowed on public property.
This efforts was filed shortly before a renewed effort by state lawmakers to compel schools to display the 10 Commandments in schools.
The failed Indiana House Bill 1231 also proposed to require school corporations to display the 10 Commandments.
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