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High court: Utah town can bar religious marker from city park

By The Associated Press
02.25.09

WASHINGTON — The Supreme Court ruled unanimously today that a small religious group cannot force a city to place a granite marker in a local park that already is home to a Ten Commandments display.

In a case involving the Salt Lake City-based Summum, the Court said that governments can decide what to display in a public park without running afoul of the First Amendment.

Pleasant Grove City, Utah, rejected the group's marker, prompting a federal lawsuit that argued that a city cannot allow some private donations of displays in its public park and reject others. The 10th U.S. Circuit Court of Appeals in Denver agreed.

In his opinion for the Court, Justice Samuel Alito distinguished the Summum's case from efforts to prevent groups from speaking in public parks, which ordinarily would violate the First Amendment's free-speech guarantee.

Alito said "the display of a permanent monument in a public park" requires a different analysis.

Because monuments in public parks help define a city's identity, "cities and other jurisdictions take some care in accepting donated monuments," he wrote in Pleasant Grove City, Utah v. Summum.

The Summum, a Latin term meaning the sum total of all creation, sought to erect its "Seven Aphorisms of Summum" monument in the city's Pioneer Park. The group, formed in 1975, says the Seven Aphorisms were given to Moses on Mount Sinai along with the Ten Commandments. Moses destroyed the tablet containing the aphorisms because he saw the people were not ready for them, the Summum say.

The Ten Commandments marker has stood in the park for nearly 50 years. It was erected by the Fraternal Order of Eagles.

The 10th Circuit ruled that the city violated the free-speech rights of the Summum by rejecting the aphorisms.

Alito said that even long-winded speakers eventually end their remarks and people distributing leaflets at some point grow tired and go home. But monuments endure.

"It is hard to imagine how a public park could be opened up for the installation of permanent monuments by every person or group wishing to engage in that form of expression," he said.

In addition, Alito said, private parties do not own the monuments that governments accept for display; the governments become the owners.

He acknowledged that government ownership of monuments cannot be "used (as) a subterfuge for favoring certain private speakers over others based on viewpoint."

But he said monuments often convey multiple messages, and cited the Greco-Roman mosaic of the word "imagine" that was donated to New York's Central Park in memory of John Lennon.

Some people may "imagine" the music Lennon would have written if he had not been shot to death near the park, he said. Others may think about the words of Lennon's song of the same name that imagine "a world without religion, countries, possessions, greed or hunger," Alito said in an opinion that also included the song's lyrics.


Update
Court cuts speech issue out of Summum case
By Tony Mauro Some justices, experts express concern that establishment clause may creep back into future litigation on monuments. 02.26.09

Previous
Court again struggles with First Amendment doctrines
By Tony Mauro As justices hear Summum case, they question own precedents for second time this month. 11.13.08

Related

High court agrees to consider religious-monument dispute

Utah city has asked justices to overturn 10th Circuit decision that sided with group trying to get its 'Seven Aphorisms' displayed in municipal park. 03.31.08

High court tells 10th Circuit to apply ruling to 2nd Summum case

Federal appeals court had ruled for group in dispute with city officials in Duchesne, Utah, over religious monuments. 03.03.09

2008-09 Supreme Court case tracker

Ten Commandments, other displays & mottos

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