Faith
Under Fire.....
Ten commandments, 'Love God' monument triggers court fight
CROSS CITY, Fla. (AP) — The folks who live in this sparsely
populated rural region along Florida's upper west coast don't like
outsiders butting in, especially when it comes to their religious
beliefs.
Ten Commandments monument is seen in front of the Dixie County
Courthouse in Cross City, Fla. A federal judge has ordered the
removal of the 5-foot granite monument that prominently displays
the commandments in front of the courthouse.
They're miffed, to put it politely, and appealing a federal
judge's order to remove a five-foot high granite monument that
prominently displays the Ten Commandments in front of the Dixie
County courthouse by Sunday.
It's the latest skirmish in a years-long conflict across the
United States between state and local officials who have wanted to
honor the laws that help define their faith and those who argue
such displays should stay out of any public forum under a
constitution that bars the establishment of religion.
It has been almost eight years since former Alabama Supreme Court
Chief Justice Roy Moore was removed from office and gained
nationwide notoriety for refusing to move another huge granite
monument to the commandments from the court's lobby. But similar
disputes continue to trickle through the courts in towns and
counties nationwide.
Dixie County officials and residents say support for their
monument is unanimous and they accuse outsiders of trampling on
their way of life.
"We have not had one negative comment from the community," said
county manager Mike Cassidy, a 48-year-old, fourth-generation
Floridian who grew up in Cross City. "No one in this county has
come forward and said, 'this should be removed.' It has been
totally unanimous."
The six-ton, $20,000 monument still sits on the courthouse steps.
Beneath the commandments, the monument reads in large capital
letters, "LOVE GOD AND KEEP HIS COMMANDMENTS."
Residents here have long had a reputation for their independence
and don't take kindly to outsider interference, even if it's a
constitutional issue.
"There will be people standing around it to protect it when they
come to remove it," said Donald Eady, a 38-year-old mobile
mechanic who lives in neighboring Old Town, a short jaunt south
down four-lane U.S. Highway 19. "The people here enjoy it. We
should have that freedom, but they're taking our freedom away
daily."
U.S. District Judge Maurice Paul ruled on July 15 in favor of the
American Civil Liberties Union of Florida, which sued Dixie County
to remove the monument from the front of the courthouse building
in Cross City. The monument was bought by a local businessman, who
pays for its maintenance as well.
The Florida ACLU argued that an official government display of a
religious monument violates a clause in the First Amendment that
prohibits the government from promoting religious messages. The
county argued that a private citizen owns the monument.
"The actual ownership of the monument, the location and permanent
nature of the display make it clear to all reasonable observers
that Dixie County chooses to be associated with the message being
conveyed," Paul said in his ruling.
Attorneys for Dixie County filed notice July 26 at the 11th U.S.
Circuit Court of Appeals in Atlanta to defend the county's policy
allowing private displays of law and history. The status of that
appeal is pending.
Disputes in Kentucky, Virginia, Utah, New Mexico and other states
have continued to bounce through lower courts since the U.S.
Supreme Court ruled 5-4 in 2005 that displaying the Ten
Commandments could be constitutional if its main purpose is to
honor the nation's legal traditions, rather than religious
traditions.
Some governments have tried to follow that ruling by displaying
the commandments with other legal documents, like the Magna Carta
and Hammurabi's Code. But conflicting opinions have since been
issued in appeals courts.
The U.S. Supreme Court declined to take up the issue again in
February when it refused to consider a dispute about displays
banned from two Kentucky courthouses.
The Dixie County monuments were paid for by Joe Anderson Jr., the
president of Lake City-based Anderson Columbia, which has grown
over its 53-year history into one of the largest highway
construction and paving firms in the Southeast. He is listed on
the back as its owner. He has also paid for three identical
monuments in neighboring counties.
Attempts to reach Anderson were referred to Liberty Counsel
attorney Mathew Staver, who represents Dixie County in the appeal.
Anderson has agreed to remove the monument if a stay is not
received by Sunday's deadline, Staver said Wednesday.
"There's nobody in that county who wants that monument moved,"
Staver said.
The suit was filed anonymously by an out-of-state individual,
Staver said. The plaintiff's name has been kept private by court
order.
"The plaintiff came into the town, left the town, never intended
to live or come back," Staver said. "This is a person that doesn't
even live in the state of Florida and has no intention of moving."
Derek Newton, spokesman for the Florida ACLU, disputes Staver's
claim that the plaintiff is from out-of-state. He said the
plaintiff splits time between homes in Florida and North Carolina
and has belonged to the ACLU since 1989.
"The plaintiff is the ACLU," Newton said. "The person who we took
to the court as a member of the ACLU was a resident of an
adjoining county, who was seeking to buy property in Dixie County.
They went to the courthouse to pull public records and decided not
to buy property in Dixie County in part because of the offensive
monument in front of the courthouse."
Howard Simon, executive director of the ACLU's Florida operation,
said the community can relocate the monument at a church or other
house of worship.
There is little public disagreement about the religious sentiments
in the county where there is 12% unemployment in an economy
largely dependent on the timber industry.
Driving into Cross City on Highway 19 from the north one is
greeted by a sign in front of the First Baptist Church which
reads: "Listen to God's Word And Do As He Says."
"A bunch of people that ain't got no damn sense want to tear down
the good Lord," said Jeannie Hoffman from neighboring Tennille.
"They took prayer out of schools, they took paddlings out of
schools, they took all your rights away right there."
Although most are still registered as Democrats, Dixie County
votes increasingly Republican. U.S. Sen. John McCain and former
President George W. Bush both fared well with Dixie County voters,
who have all Republicans representing them in the Florida
Legislature.
Although one of the poorest areas of Florida with the timber
industry about the only thing left after a government net ban shut
down the fishing business some 20 years ago, Dixie County has
historically boasted some of the better schools in Florida based
on a statewide grading system.
Incorporated in 1924, Cross City is the largest community in Dixie
County with roughly 1,700 residents. The second largest is
Horseshoe Beach with about 200 folks. The remaining 15,000 or so
residents are scattered throughout the heavily wooded county.
Remote and spread out, but still tight-knit.
"We support what we feel is right four our citizens," said
Cassidy, who like most of the government leaders and local law
enforcement, grew up in the community.
And to them that means keeping the Ten Commandments monument right
where it is.