City's Ten Commandments plans probably legal under high court rulings

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Plans to re-erect Casper's Ten Commandments monument appear unlikely to be blocked by a pair of decisions handed down by the United States Supreme Court on Monday, according to Casper's city attorney.

In the first of the two rulings, the Supreme Court determined the display of framed copies of the Ten Commandments in two Kentucky courthouses was illegal. But in the second ruling, the court determined the display of a stone Ten Commandments monument displayed on the grounds of the Texas State Capitol was legal.

According to Casper City Attorney Bill Luben, the Kentucky monuments apparently ran afoul of the court because the context in which they were displayed played up their religious significance.

If the City Council decides to re-erect the city's Ten Commandments monument, it will be in a display that will play up their historic value, which the court seemed to decide would be legal, Luben said.

However, as of early Monday afternoon, Luben had not had a chance to read both of the court's decisions, each of which is about 75 pages long, he said.

And there is no way to know for sure that the manner in which the city plans on displaying its Decalogue is legal under the rulings until a thorough examination of them can be conducted, Luben said.

Upon first look, though, the rulings do seem to allow what Casper has planned, he added.

In the fall of 2003, the City Council decided to remove the city's Ten Commandments monument from City Park, where it had stood since 1965, and move it to a new plaza on the corner of Beech and Second streets. In the plaza, the Decalogue would be displayed alongside monuments to other documents that are important in the history of American law.

By displaying the Decalogue beside monuments honoring the Bill of Rights, the Declaration of Independence and other such documents, the city would be emphasizing the Ten Commandments' historic, rather than religious, importance, the council said at the time.

The decision to move the monument came after the Wisconsin-based Freedom From Religion Foundation threatened to sue the city if the Ten Commandments stayed in City Park, where it stood alone.

The council initially said the monument, which was donated to the city by the Fraternal Order of Eagles, should stay in the park.

But then the Westboro Baptist Church of Topeka, Kan., said it would erect a monument condemning slain University of Wyoming student Matthew Shepard, a move the council might not have been able to prevent if it did not remove the Decalogue. So the council decided a new display of the Ten Commandments was needed.

The stone Ten Commandments monument is currently in storage.

Luben said he hoped to give a more definitive answer about the legality of the city's Ten Commandments plans later this week or early next week.

He will report his findings to the City Council at an upcoming council work session, probably July 11, Assistant City Manager Linda Witko said. And the council will be asked to make a decision on whether to go ahead with putting the Decalogue in the plaza after hearing Luben's report, she added.

The council's final decision will be made at a regular council meeting where the public is allowed to speak, Witko said. Public comment is not allowed at work sessions.

The plaza in which the Ten Commandments would go is under construction and should be completed by October, Witko said. The city planned on building a plaza on Second and Beech streets before the Ten Commandments controversy arose.

The other monuments that would be placed alongside the Ten Commandments have not been purchased by the city, she said.

And the city may ask private parties to help pay for the costs of the other monuments. Several people expressed interest in doing so after the historic plaza decision was first made, Witko said.

Staff writer Brendan Burke can be reached at (307) 266-0589 or Brendan.Burke@casperstartribune.net.

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