One should also note in this respect that many Jews believe the proper 
translation is "Ten Statements."

>>> Douglas Laycock <[email protected]> 03/30/09 6:57 PM >>>


There were real disputes before we get to Summum.  Scalia's opinion in Van 
Orden reminds me of the Colbert interview with the Congressman who was 
sponsoring a Ten Commandments bill but couldn't name more than one or two 
Commandments.  The fact that many people on both sides of this debate are 
uninformed doesn't mean there is no real disagreement or that no one knows 
about it. 

A friend of mine who is devout (but not remotely fanatic, for those who might 
overread "devout"), and who is generally sympathetic to government promotion of 
religion and skeptical of my resistance, actually looked at the Texas monument 
for the first time during the Van Orden litigation.  And her immediate reaction 
was, "They've got an extra commandment in there."  And so they did, from her 
perspective.  No graven images is not a separate commandment for Catholics, and 
that is no accident.  Catholic churches are full of images (of course those 
images are not worshiped, but the Protestant version of the Commandments 
forbids the making as well as the worshiping).  The iconoclasts in the 
Reformation destroyed the images in the Catholic churches whenever they got the 
chance, and many Protestant churches still today have little or no art and a 
bare cross.  And some Muslims go much further and say no artistic depictions of 
any living thing.  So did the Protestant plaintiff in the !
 1980s case from Nebraska about whether she could have a driver's license 
without a picture.  But icons are central to Eastern Orthodox Christianity. 

This is no insignificant disagreement; this is deep in the practice and 
imagination of large branches of Western Christianity, let alone the whole 
range of monotheistic faiths.  And the city posts one version or the other 
version; it either forbids the making of graven images or it doesn't.  It never 
posts all the different versions, and of course it never nods to the people who 
reject all the versions. 

It was obvious in Van Orden that a government that posts religious messages 
would post only some religious messages and not others -- that it would choose 
and play favorites, and that it already had.  Summum (the case) drives the 
point home.  But for people inclined to dismiss Summum (the religion) as small 
and weird, we already  let government reject the Commandments of much larger 
faiths in Van Orden itself. 

religionlaw
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