God Save America

Federal Appeals Court OK’s Constitutional Display

WASHINGTON—The American Center for Law and Justice (ACLJ) announced today that the Sixth Circuit Court of Appeals has affirmed the decision of the U.S. District Court for the Eastern District of Kentucky upholding Mercer County, Kentucky’s inclusion of the Ten Commandments in a display of historical documents in the county courthouse.  In a 3-0 decision, the Court of Appeals rejected the ACLU’s arguments that the display violated the Establishment Clause of the First Amendment.

Writing for the Court, Circuit Judge Suhrheinrich said that the ACLU’s “repeated reference ‘to the separation of church and state’ . . . has grown tiresome.  The First Amendment does not demand a wall of separation between church and state.”  The Court said that a reasonable observer of Mercer County’s display would appreciate “the role religion has played in our governmental institutions, and finds it historically appropriate and traditionally acceptable for a state to include religious influences, even in the form of sacred texts, in honoring American traditions.”

“This is a big victory for the people of Mercer County and Kentucky generally,” said Jay Sekulow, Chief Counsel of the ACLJ.  “For too long they have been lectured like children by those in the ACLU and elsewhere who claim to know what the people’s Constitution really means.  What the Sixth Circuit has said is that the people have a better grasp on the real meaning of the Constitution; the Court recognizes that the Constitution does not require that we strip the public square of all vestiges of our religious heritage and traditions.”

In the words of the Sixth Circuit, “the ACLU, an organization whose mission is ‘to ensure that . . . the government [is kept] out of the religion business,’ does not embody the reasonable person.”

The American Center for Law and Justice (ACLJ) is the nation’s leading national public interest law firm defending religious liberty.  Led by Chief Counsel Jay Sekulow, the ACLJ specializes in constitutional law and is based in Washington, D.C.

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Prohibition of displaying the Flag of the United States is an infringement of our freedom. When our National Flag is attack, remember, those colors do not run.

Orlando, FL – Nancy Maddox, the owner of Peacock Home Collection, located in Orlando Florida, has been cited by City of Orlando Code Enforcement Bureau for displaying the American flag in the windows of her business. Ms. Maddox has now obtained the representation of Liberty Counsel, a national litigation, education and policy organization.

Nancy Maddox is the daughter of a United States Veteran of three Foreign Wars and the wife of a federal agent who has served our country for 25 years. Nancy founded her business upon the proud principles of the American dream. She believes that those who fight to defend the United States have afforded her the privilege to live safely each day. To honor our military heroes, Ms. Maddox displayed a small American flag, no bigger than 34 ½ inches by 23 inches, in each of the 15 windows at the home furnishings company. The flags are temporarily being displayed in observation of the following holidays: Armed Forces Day, Memorial Day, Flag Day, Independence Day, V-J Day (the surrender of Japan), Labor Day, and Patriots Day (9-11). City officials cited Ms. Maddox and have now ordered her to remove the flags. A violation hearing is scheduled for September 14, 2005.

Erik Stanley, Chief Counsel of Liberty Counsel, has sent a letter to the City demanding that the citation be rescinded. The demand letter points out the procedural defects in the citation and also warns that the sign ordinance is unconstitutional.

Mathew D. Staver, President and General Counsel of Liberty Counsel, stated: “I am astounded that the City of Orlando would reprimand anyone for displaying the American flag. We should encourage patriotism, not punish it.”

If the City proceeds with enforcement action, Liberty Counsel will file suit in federal court challenging the constitutionality of the sign ordinance.

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