American Civil Liberties Union Up In Arms

Reprinted from worknetdaily.com by Stephan Archer

The American civil Liberties Union in Kentucky is threatening to sue Harlan and Jackson County school boards after officials in both school districts voted unanimously A.C.L.U to allow the posting of the Ten commandments in classrooms.

"We have actually received reports of the Ten commandments being posted in as many as 15 Kentucky counties either in schools or court houses, and we had sent a letter to the Harlan County public School Board saying that they need to take those down or we will be filing suit," said Jeff Vessel, executive director of the Kentucky A.C.L.U. The letter, in part, said, "As you surely know, the Establishment Clause of the First Amendment prohibits government from favoring or disfavoring religion or particular religious views,. Instead, governments must remain strictly neutral toward religion and religious views." Vessel stated he believed it is important for schools to teach certain civic virtues such as respecting people and their property, being honest, and working hard, but he added that by placing the Ten Commandments in public schools, the school boards are infringing on a certain inalienable right. That inalienable right, Vessel explained, encompasses the precedent stemming from the Establishment Clause in the First Amendment to the U.S. Constitution-- namely, the separation of church and state." Putting up religious documents is infringing on religious viewpoints of others, even if it's only a handful," said Vessel. "Majority rule doesn't count in inalienable rights."

Tim Crawford, the attorney representing the Jackson County School board, said in his view, the issue is not a First Amendment or Established Clause issue. He doesn't see it as a school system infringing on religious viewpoints. " In my mind, (this issue) is really an equal access issue. For Example, if the local fire department can hold meeting in the school gym, why can't the local churches do the same so they have equal access?" asked Crawford. "If you're going to allow local to come in and pass out literature, why should you not allow churches to do the same thing?" Giving a brief explanation of the case history, Crawford said in 1980 the Supreme Court told Kentucky they couldn't post the Ten Commandments. In the Court's mind, the issue was simple: Kentucky overstepped it constitutional authority by mandating the Ten Commandments be posted. Kentucky also claimed to not have spent any tax dollars when posting the Ten Commandments, but upon checking the state treasurer's records, it became apparent state funds were used. "In Jackson County, we did neither of those two," said Crawford. "First of all we did not mandate that the Ten Commandments be posted. Secondly, no school employees or school funds were used in the purchase or the posting of the posters." According to Crawford, a local businessman bought most of the posters for the school district. Additional funds came form other private donors.

In Harlan County, School Superintendent Dr. Don Musselman said his district experienced a similar response from those in the private sector. The local community in Harlan raised $7,000. Speaking of the public support for the school board's decision, Musselman said it has been nothing but positive. "We haven't had one negative call yet," said Musselman of the community's response. "Harlan County is really part of the Bible Belt. We're a 'dry' county. These are the kink of people that have been pushing for prayer in school." Although the A.C.L.U, in its letter to the Harlan School Board, claimed to have received complaints from parents who have children in Harlan County schools, Musselman doesn't believe it . I think they're making it up," said Musselman. "I think this is the way they operate because they are the A.C.L.U, and they think they can come in and ram it down your throat. I think we need to take a stand somewhere along the line."

Whether or not the A.C.L.U received complaints or not is for the court to decide. However, it does appear community support leans towards the schools boards' decision. Robert Milvy, an attorney in London, Ky., already has promised to help the Harlan County School Board if the A.C.L.U should sue. He will do it free of charge because county funds will not be available for attorney fees. "I'm willing to give them my time and effort at no charge so there won't be anybody to charge for the service," said Milvy.