As you’ve probably noticed in the news, the Supreme Court has begun hearing the case of the Summum religion, who tried to erect a monument displaying their Seven Aphorisms in a public park in Park Grove Utah, and were turned down by the city. This, despite the fact that the park has a prominent display of the Ten Commandments.
Wall Street Journal’s Law Blog has a great interview on the case, the arguments being presented, and the direction the court will take. The primary disagreement seems to be whether the monument would be private speech, in which the government would not be permitted to quibble based on content, or government speech, in which the government gets more latitude about what it says.
I find that a bit puzzling. What does it matter if the monument is private or government speech? In either case, the Ten Commandments monument, and its proposed Summum counterpart, are religious statements on public land. They are promotions of religion. Either they should all be allowed, or none should be allowed at all.
The silliest opinion seems to have come from Justice Scalia. He holds that the Ten Commandments are not a religious display of all, because of their historical importance to America. Right. I suppose he doesn’t think the Establishment Clause holds much historical importance, then.
Personally, I think Park Grove should go in for a monument to the Eight I’d Really Rather You Didn’ts of the Flying Spaghetti Monster. That would be a real show of support for religious freedom.