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Published by the Freedom From Religion Foundation, Inc.

FFRF, others representing plaintiffs in monument lawsuit

A group of multifaith and nonreligious Jefferson County, Ill., taxpayers and residents filed suit in state court June 5 seeking to remove a nearly 7-foot-tall Ten Commandments monument from the lawn of the Jefferson County Courthouse. Represented by the Freedom From Religion Foundation, the ACLU of Illinois, and the ACLU, the plaintiffs assert that the monument violates the Illinois Constitution’s protections for the separation of church and state.

Originally placed in the courthouse lobby last year by Jefferson County Sheriff Jeff Bullard, the monument was later moved to the lawn immediately outside the courthouse entrance. While Bullard claimed that the original display was funded by private donations, the lawsuit alleges that he used public dollars to relocate the monument to its current outdoor location, where it is unavoidable for anyone who enters or passes by the courthouse. The monument enumerates a Protestant version of the Ten Commandments.

“With [this] lawsuit, Jefferson County taxpayers are standing up for the fundamental constitutional principle that the government must remain neutral when it comes to matters of faith,” notes FFRF Co-President Annie Laurie Gaylor. “Erecting a Ten Commandments monument on public property, whether in the courthouse lobby or just outside the entryway, blatantly violates Illinois law.”

Filed in Illinois’ 2nd Judicial Circuit Court as a Petition for Writ of Mandamus, the lawsuit comes after the Jefferson County Board of Commissioners voted to retain the monument on county property, ignoring warnings from FFRF and the county’s own attorney that the display raised serious legal concerns.

“In Illinois, we do not permit local politicians to use the power and authority of their office to promote their religious views,” adds Kevin Fee, legal director for the ACLU of Illinois. “Our organization has always worked to ensure that everyone’s religious freedom is respected. This monument —– which must be removed immediately —– attempts to undermine that freedom for many residents. We are pleased to represent these clients in seeking fairness in Jefferson County.”   

Heather L. Weaver, senior counsel for the American Civil Liberties Union, says: “The separation of church and state guarantees that we all have the right to decide, for ourselves, which religious beliefs, if any, people should follow. By sending the message that Jefferson County favors some faiths over others, the Ten Commandments monument intrudes on deeply personal matters. We’ll see Jefferson County in court.”

“Everyone should be made to feel welcome in Jefferson County, including the nonreligious” says plaintiff Roberta Evans. “The Ten Commandments monument in front of the courthouse accomplishes the opposite, and turns the Commandments into a political statement that cheapens their value.”

Plaintiff Calvin McClintock adds: “Jefferson County government officials used the people’s money, time, resources, and land to promote a particular religious message, at the exclusion of others. Government officials have no business endorsing any religion.”