Re: Monuments

[Marci Hamilton]

Marty makes some very good points.  The problem here is the Ten Commandments, which are not your typical monument.  I have been assuming that the Ten Commandments were not the city's _expression_, but rather the Eagles'.  If they are the city's _expression_, the city has an additional set of Establishment Clause problems.  If they are the Eagles' _expression_ but simply on public land, in a public forum, then keeping out the political/religious (albeit distasteful) Shepard monument seems hard to make constitutional. 

Marci