Showing posts with label 10 commandments. Show all posts
Showing posts with label 10 commandments. Show all posts

Saturday, November 22, 2008

Update: Dixie County Lawsuit media coverage

A few months ago I mentioned that I was going to contact some people with the ACLU and the local Dixie County papers to try to get an update on the status of the case.  I didn't hear anything back, and now I found out from Prof. Friedman's excellent blog that proponents of church-state separation have won a primary challenge:  we have legal standing to sue.  The ACLU found a non-resident of the county who was nonetheless given legal standing because of the nature of this anonymous person's business with the county in buying land there.  Here is the LexisNexis link to ACLU of Florida Inc. v. Dixie County Florida, 2008 U.S. Dist. LEXIS 61177 (ND FL, Aug. 8, 2008)

I have updated the list of media related to the whole Dixie County debacle as it has unfolded.

Regarding LTE (letters to the editor) "con" means the person writing is againstthe 10C monument & "pro" means they approve of it:

  1. Gainesville Sun -- 11/28/06
  2. Dixie County Advocate -- 11/30/06
  3. Alligator -- 11/30/06
  4. Alligator -- 12/1/06 (editorial)
  5. FFRF Press Release -- 12/1/06
  6. Gainesville Sun -- 12/02/06
  7. 3 Letters to the Editor at the Sun -- pro, pro, con (12/2/06)
  8. Dixie County Advocate -- 12/7/06
  9. 2 More Letters to the Editor at the Sun -- pro (12/12/06), con (12/17/06)
  10. St. Petersburg Times -- 1/3/07
  11. St. Petersburg Times (LTE) -- con, 1/13/07 (4th letter down; response to 1/3/07 article)
  12. Gainesville Sun -- 2/7/07
  13. ACLU News Release -- 2/7/07
  14. Reuters (Miami) -- 2/7/07
  15. Gainesville Sun -- 2/8/07
  16. St. Petersburg Times -- 2/8/07
  17. Alligator (LTE): -- con, 2/9/07, (see text here)
  18. Dixie County Advocate -- 2/15/07
  19. Orlando Sentinel -- 2/17/07
  20. Gainesville Sun (LTE) -- pro, 2/17/07
  21. Dixie County Advocate (LTE) -- con, 2/24/07
  22. Liberty Counsel -- 3/8/07
  23. CNS News -- 3/12/07
  24. Florida Humanists Association -- 4/9/07, (also here and here)
  25. atheism.about.com -- 4/27/07, Austin Cline
  26. Dixie County Advocate -- 9/27/07, Issue 40, Page 18
  27. Dixie County Advocate blog -- 6/11/08, linked to my YouTube video
other media (blogs):

  1. KipEsquire -- 11/28/06
  2. Florida Progressive Coalition -- 4/4/07
  3. John Pieret -- 4/15/07
  4. Prof. Friedman -- 8/14/08
rev 11/22/08

Tuesday, December 18, 2007

Blast from the past

I was just googling for a few handles and names I have used on the internet to see what sort of "dirt" people could potentially dig upon me, and stumbled across this copy of my interview on H&C. It's essentially the same video that I uploaded to Youtube, but a little better quality and without the copyright issue since it is hosted at FoxNews. I also pulled the .swf file link. See here for the full list of Dixie County articles and media.

I'm going to contact Brandon Hensler, Director of Communications of the ACLU of FL, as well as the PR department of the Liberty Counsel to get an update on where the case stands. For now, check out the latest I have on that story (with all media links) and everything I've written on it.

Dixie County media roundup (also see here):
  1. Gainesville Sun -- 11/28/06

  2. Dixie County Advocate -- 11/30/06

  3. Alligator -- 11/30/06, or here

  4. Alligator (editorial) -- 12/1/06, or here

  5. FFRF Press Release -- 12/1/06

  6. Gainesville Sun -- 12/02/06

  7. 3 Letters to the Editor at the Sun -- pro, pro, con 12/2/06

  8. Dixie County Advocate -- 12/7/06

  9. 2 More Letters to the Editor at the Sun -- pro 12/12/06, con 12/17/06

  10. St. Petersburg Times -- 1/3/07

  11. St. Petersburg Times (LTE) -- con, 1/13/07 (4th letter down; response to 1/3/07 article)

  12. Gainesville Sun -- 2/7/07

  13. ACLU News Release -- 2/7/07

  14. Reuters (Miami) -- 2/7/07

  15. Gainesville Sun -- 2/8/07

  16. St. Petersburg Times -- 2/8/07

  17. Alligator (LTE): -- con, 2/9/07, or here

  18. Dixie County Advocate -- 2/15/07, or here

  19. Gainesville Sun (LTE) -- pro, 2/17/07, or here

  20. Dixie County Advocate (LTE) -- con, 2/24/07, or here

  21. Liberty Counsel -- 3/8/07

  22. CNS News -- 3/12/07

  23. Florida Humanists Association -- 4/9/07, (also here and here)
other media (blogs):
  1. KipEsquire -- 11/28/06

  2. Florida Progressive Coalition -- 4/4/07

  3. John Pieret -- 4/15/07
I'll update after I find more information on the case status.

Friday, September 21, 2007

God Finally Talks

Everyone has heard by now of Ernie Chambers' attempt to sue God. This morning I read that God was granted immunity from the suit by the Douglas County District Court and that the Almighty had a message:
It adds that blaming God for human oppression and suffering misses an important point.

"I created man and woman with free will and next to the promise of immortal life, free will is my greatest gift to you," according to the response, as read by Friend.
Oh come on, God, that canard doesn't hold up to logical analysis.

1) The free will theodicy fails under the analysis of making "freedom" an unqualified, universal highest good and goal, unconditioned by its consequences:

If you really believe that it is better to honor someone's freedom to do as they wish than to restrict that freedom when it causes harm, then you would committed to having to introduce, at every opportunity, the option to do wrong, since this represents free will, no matter the consequences. Thus, the next time your toddler asks for scissors or a knife or a gun, if you deny her, you are not being God-like and giving her unconditional freedom. That's a retarded claim, isn't it?

Also, the capacity for humans to act out their will/intentions must be separated out from the will/intent itself. The rapist who waits for a jogger in the park will only succeed if the contingencies, such as when a jogger decides to go jogging, whether she is carrying pepper spray, whether she has taken self-defense classes, whether a cop goes by at the same time...etc., etc., etc., are all correctly in place. God is supposed to be in control of these contingencies that allow evil to actually occur.

Also, why would one person's will be granted, while both another person's and God's own wills are overturned?

2) The free will theodicy fails under the burden of natural, impersonal evils:

No one wills for a tsunami to wipe out 200,000 people in Indonesia. No one wills for AIDS to eradicate millions of human beings and orphan millions more. No one wills for natural disasters and natural evils at all...except the one in control of Nature, apparently...

Quit fooling around and just admit you don't exist, God! :)

In related news, please explain to me, someone, anyone, how your 10 Commandments form the basis of our Constitutional Repupublic and its laws? Go down the list of the Bill of Rights and you find direct conflicts between the 10C and the 10A (amendments). It takes a mental contortionist to hold to the otherwise. Our laws are in no wise based on the ancient Jewish laws, and societies had laws against murder and theft and perjury long before (and long after) the Jews did.

Monday, May 7, 2007

Liberty Counsel Moves to Dismiss Case Against Dixie County: No Plaintiffs Named

Things look a little dim for the ACLU's case to remove the infamous Decalogue of Dixie County. You must have standing to sue. Once they have it, things will be dim for Dixie.

I talked with Mathew D. Staver, President and General Counsel for Liberty Counsel, on the phone a few days ago. He told me that the ACLU had no named plaintiffs in the case, as I had previously hoped. I thought that the ACLU had filed an order to keep the names of the plaintiffs out of the public record. In talking with Mathew [yes, just one "t"], he informed me that, because they had full discovery, he would know if that was the case -- and that it wasn't.

Therefore, the Liberty Counsel has filed a motion to dismiss the case against Dixie County. I am betting it will be dismissed because there are no plaintiffs.

Keep in mind what this doesn't mean: that the county will win if and when plaintiffs do file suit. Quite the opposite, in fact. Once the ACLU or FFRF finally have some plaintiffs, the county will lose, and lose soundly, even though their attorneys feel emboldened about their win in the Eighth Circuit. This monument has an explicit endorsement of religion which no other monument, ever, has had ("Love God and Keep His Commandments"), and our Eleventh Circuit already has a ruling on the books for stare decisis, one with which we're all familiar (Roy Moore's case).

The Liberty Counsel won't pay the plaintiff's legal fees, and the county will waste money that should and could go to doing something real and tangible -- like educating its schoolchildren, repairing roads, or buying the impoverished food and shelter. It makes me nauseated. Keep in mind that the county's liability insurance carrier dropped them like a hot potato, and so they will bear the brunt of the costs whenever there is a plaintiff with standing:
The Board voted unanimously to let Liberty Counsel represent the county in the lawsuit filed by the ACL. The ACLU filed the lawsuit in an attempt to have the Ten Commandments monument moved from the courthouse steps. County Attorney Leenette McMillan informed the Board that by choosing Liberty Counsel to represent the county in the lawsuit, the county will not be covered by its existing liability company. The Board chose Liberty Counsel because of the firm’s expertise in this type of lawsuit. Liberty Counsel has agreed to represent the county free of charge. (source) [bold emphasis mine]
I hope someone comes forward and is willing to be named as plaintiff. I really, really hope so.

My interview on FauxNews can be watched here, my detailed analysis of the legal issues can be found here, and everything I've written on this situation, including extensive local media coverage, here.
  1. Gainesville Sun -- 11/28
  2. Dixie County Advocate -- 11/30
  3. Alligator -- 11/30
  4. Alligator -- 12/1 (editorial)
  5. FFRF Press Release -- 12/1
  6. Gainesville Sun -- 12/02
  7. 3 Letters to the Editor at the Sun -- pro, pro, con (12/2)
  8. Dixie County Advocate -- 12/7
  9. 2 More Letters to the Editor at the Sun -- pro (12/12), con (12/17)
  10. St. Petersburg Times -- 1/3/07
  11. St. Petersburg Times -- letter (con) 1/13/07 (4th letter down; response to 1/3/07 article above)
  12. Gainesville Sun -- 2/7
  13. ACLU News Release -- 2/7
  14. Reuters (Miami) -- 2/7
  15. Gainesville Sun -- 2/8
  16. St. Petersburg Times -- 2/8
  17. Alligator (LTE): -- 2-9 (con), (I wrote this one, see more HERE)
  18. Dixie County Advocate -- 2/15
  19. Gainesville Sun (LTE) -- 2/17 (pro)
  20. Dixie County Advocate (LTE) -- 2/24 (con)
  21. Liberty Counsel -- 3/8
  22. Florida Humanists Association -- 4/9, (also here and here)
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Wednesday, April 18, 2007

Dixie County's Liability Insurer Drops Coverage -- County Faces Huge Potential Losses

John Pieret pointed out an angle on the 10C case in Dixie County that I had not yet thought of:

...it is unlikely that any insurance carrier the county might have would consent to Liberty Counsel representing its interests, so that probably means that the county is uninsured or, as was the case in the Dover Intelligent Design case, the county commissioners are violating the standard policy provisions, allowing the insurer to disclaim. [bold emphasis mine]
After doing a little digging, I found out that he was dead on target:
The Board voted unanimously to let Liberty Counsel represent the county in the lawsuit filed by the ACL. The ACLU filed the lawsuit in an attempt to have the Ten Commandments monument moved from the courthouse steps. County Attorney Leenette McMillan informed the Board that by choosing Liberty Counsel to represent the county in the lawsuit, the county will not be covered by its existing liability company. The Board chose Liberty Counsel because of the firm’s expertise in this type of lawsuit. Liberty Counsel has agreed to represent the county free of charge. (source) [bold emphasis mine]
Wow. I am going to make some more phone calls and find out more about the ramifications of losing your liability coverage. I want to know exactly how much risk they're taking here, and their citizens deserve to be informed. I know the ACLU's policy is not to pursue much in damages (if any -- in this case, it is "not to exceed $20"), but I wonder if that "kid gloves" strategy ought to be amended in the face of stubborn and stupid decisions like Dixie County has made...

My detailed analysis of the legal issues can be found here, and everything I've written on this situation, including extensive local media coverage, here.
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Saturday, April 14, 2007

Dixie County Update: County Will Fight Suit, Hires Falwell's "Liberty Counsel"

It appears that Dixie County is going to do something very stupid: fight the case, aided by Falwell's theocratic legal group, the oxymoronic "Liberty Counsel". From the Florida Baptist Witness:

CROSS CITY (FBW)—Liberty Counsel, based in Orlando, will represent Dixie County in a federal lawsuit filed by the ACLU after the county allowed a local company to erect a Ten Commandments monument near the county courthouse in Cross City. Anderson Columbia, a highway construction company, purchased the six-ton black granite monument and received permission to place it near the courthouse. According to a press release from Liberty Counsel, the ACLU, claiming the monument is a violation of the Establishment Clause, is seeking the removal of the monument, damages and attorney's fees.

"Dixie County is not establishing a religion by allowing a private company to place a monument in a location where similarly donated monuments may be placed," said Matt Staver, founder of Liberty Counsel. "The Ten Commandments are universally recognized as symbolic of the law, and are appropriate for display in courthouses and similar settings. Public display of the Commandments is consistent with our nation's history and with the First Amendment. There are more than 50 depictions of the Ten Commandments in the U.S. Supreme Court, and there have been thousands of displays throughout the country for many years."
They will lose, and lose soundly, even though they feel emboldened about their win in the Eighth Circuit. This monument has an explicit endorsement of religion which no other monument, ever, has had ("Love God and Keep His Commandments"), and our Eleventh Circuit already has a ruling on the books for stare decisis, one with which we're all familiar (Roy Moore's case).

The Liberty Counsel won't pay the plaintiff's legal fees, and the county will waste money that should and could go to doing something real and tangiable -- like educating its schoolchildren, repairing roads, or buying the impoverished food and shelter. It makes me nauseated.

Heather Wellman, new executive director of the Florida Humanists Association, wrote two articulate (and moderately-stanced) articles enunciating the multiple ills that these cases represent for the health of our country and Constitution: here and here.

If there is anyone out there who gambles, I am willing to bet a large amount of money that the plaintiffs will win their case. Email me and we'll discuss terms and odds. If you're willing to take the bet, I've also got a bridge in Brooklyn that's for sale.

My detailed analysis of the legal issues can be found here, and everything I've written on this situation, including extensive local media coverage, here.
  1. Gainesville Sun -- 11/28
  2. Dixie County Advocate -- 11/30
  3. Alligator -- 11/30
  4. Alligator -- 12/1 (editorial)
  5. FFRF Press Release -- 12/1
  6. Gainesville Sun -- 12/02
  7. 3 Letters to the Editor at the Sun -- pro, pro, con (12/2)
  8. Dixie County Advocate -- 12/7
  9. 2 More Letters to the Editor at the Sun -- pro (12/12), con (12/17)
  10. St. Petersburg Times -- 1/3/07
  11. St. Petersburg Times -- letter (con) 1/13/07 (4th letter down; response to 1/3/07 article above)
  12. Gainesville Sun -- 2/7
  13. ACLU News Release -- 2/7
  14. Reuters (Miami) -- 2/7
  15. Gainesville Sun -- 2/8
  16. St. Petersburg Times -- 2/8
  17. Alligator (LTE): -- 2-9 (con), (I wrote this one, see more HERE)
  18. Dixie County Advocate -- 2/15
  19. Gainesville Sun (LTE) -- 2/17 (pro)
  20. Dixie County Advocate (LTE) -- 2/24 (con)
  21. Liberty Counsel -- 3/8
  22. Florida Humanists Association -- 4/9, (also here and here)
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Saturday, February 24, 2007

A Must-read Letter in the Dixie County Advocate

A friend of mine from Dixie County is to thank for re-typing the entire text of an long open letter that appeared in the LTE section of the Dixie County Advocate this week (2A). It is beautifully articulate and wonderfully wise. It leaves the "logic" of the decision to place the monument there in a heap of smoking ruin. I'm also glad the paper allowed it to be printed.

And...so much for the, "No one from here disagrees with it!" defense:
"An Open Letter to the Citizens of Dixie County, My Birthplace"

Let us gut the old saw we all know, and stand it on its head. Let me ask not what we can do for my country, but what our county, viz., Dixie County, can do for us. Apparently this is made possible by a new twist of county commission reasoning. For I, born in Cross City and native resident there for the first 17 years of my life, have already served my country, in Tokyo and Yokohama Harbor, persuasively 9,000 miles from home.

To return to what? To return to a County Commission, a half-century later only to witness the wholesale abandonment of the U.S. Constitution, and a supposed flouting of its core principles? Do not the commission members grasp the intent of the 1st Amendment to THE BILL OF RIGHTS of the Constitution, effecting the clear separation of church and state, or do the governing fathers of today's rural hamlet hugging the Nature Coast of Florida devise itself somehow separate and apart, and not an entity to otherwise obey our sacred foundations and way of life?

Before the county fathers would ever submit to the whim of a local major contributor, to have a semblance of the Ten Commandments monument placed literally at the courthouse steps, at its seat of power, did the commission even bother to entertain the question of its overall appropriateness, and to whether such placement would meet legal muster? Did its members plumb the learned opinions of the township's elder statesmen, or its retired education? I think not.

Back in the late Forties, my uncle served as Principal of Dixie County High School, pinchhitting as an instructor of civics, government, English and algebra. It was Uncle Marshall Davies who had as pupils the grandfathers of the kids who grew up to be today's crop of sitting commissioners. Uncle Marshall's prime intent was to see that all the children in his realm of influence would grow and learn to their educational pace, and above all become economically self-sufficient. Times and conditions were so utterly raw and hard back in those days, but he was thorough and self-motivated to exact the measure of each and every student, for that is the sole function and ambition of an educator. But now to what avail, if these children of my uncle's pupils evolved to commit today's malfeasance in elected office? Yes, malfeasance!

Another blunder and misstep of the commission is to have adopted the faulty logic of its own legal guide, the attorney advising the panel. The attorney abandoned logic, emotionally blending with the religious fervor of the crowd to tell Fox TV network that Dixie is Dixie, and the balance of the nation could go chase itself. I suspect that when this egregious abuse of judgment is said and done, that lawyer will find himself hauled before The Florida Bar and made to show cause why he should be allowed to keep his license to practice law. This stems from the fact that there is clear precedent barring such a monument in its particular location, viz., the Establishment Clause. Never in my day would I have dreamed of so callous a scenario. And here I was a half-century ago, during the military years, trying to save the country, not bury the country, as is being done in such cavalier fashion today.

This scenario, if played out, and somehow not interrupted, would see a petition filed, addressed in Federal court, and the first sitting magistrate hearing the case handing down an order mandating the effective removal of The Rock from the courthouse steps property. Should the members of the Commission self-righteously disobey, another order would be entered dispatching the United States Marshals Service, and attendant force, as deemed necessary. The commissioners would be placed in large black vans and transported to Jacksonville for detention. Should local police officials dare to intervene, they too would be stripped and transported to lockup and the lot of then cited for contempt. Google's lenses would peer from the heavens, capturing the moment, that all here is not fun and games.

This, my friends, is what you do not know, and what you should begin knowing. One simply does not set out to find himself on the muzzle end of a federal court order. And for good reason, otherwise the entire nation would splinter into chaos. A very similar situation, as relates to this case, played out just a while ago, which saw the chief justice of a state supreme court driven from office on a federal contempt citation, and finally disbarred from the practice of law itself. My Word, does not Cross City begin to get the drift of walking this thin line?

As I see it, there does exist a legal out, a plausible exit, and that too is gracious in the process. The prime mover, the major sponsor of the Big Rock project who came forward to make the
endeavor financially possible, could adopt a change of heart, and entreat the commission to reverse its efforts and remove the monolith. Mister Joe could then step in, lasso his Rock, and drag it to the far northwest quadrant of his cow pasture, for the cows to dwell upon while contemplating the Absolute Idea existing in time and space.

Within a month or two the good townsfolk would begin to savor how strangely sweeter the milk. Yes, this is the upside, and just look at the enormous amount of money the county saved in not
having to fight this legal monster, a case unwinnable on its face, a case to forever stain the legitimacy of the county, a case in effect rendered moot before it was to get off the ground. Because Mister Joe finally saw the courage to do the right thing and tacitly agree to withdraw the monument, before the authorities really noticed. But the county must go about its duty and act quickly now, if it wants to preserve its legacy.

My intent here is not to be harsh, but to be forthright.

After all, I was born 70 years ago in Cross City, less than a quarter-mile from the old courthouse's eastern steps. I and friends played as kids on and around those steps in the far distant yesteryear. I admire my little hometown, and ache for its relative simplicity and laid-back demeanor. But the way the county commission of today measures simplicity, against being downright simple, might find the two mutually exclusive. Therein lies this problem.

Page Davies
DCHS Class of 1954
Clearwater, FL
It makes me cry tears of joy. :-)

I found it interesting that in the paper's mention of the last Commission meeting, not one peep about the 10C case appeared. I've written Candace Corbin about getting a copy of the last few meetings' transcripts.

The attorney he mentioned was Joe Lander, and you can see Joe's emotive "defense" of the county's actions here on YouTube. My detailed analysis of the legal issues here, and everything I've written on this situation, including extensive local media coverage, here.
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Tuesday, February 20, 2007

Letter to the Editor in the Sun

Surprise, surprise, another backwoods hick is angry that she can't use the government to push her religious views onto others. Tough titty.

Let's really separate
February 17. 2007 6:01AM

The ACLU is suing Dixie County over the Ten Commandments being placed at the courthouse. If the ACLU and the federal judges want separation of church and state, I suggest we do this separation all the way.

Since Christians don't have the right to place the Ten Commandments on property their tax dollars paid for, we Christians and our churches should be exempt from all federal, state, county and city laws and from paying any taxes. If our wishes do not count, then we should not be forced to contribute to the cause. We should be allowed to form our own laws and taxation, to be separated from government. The government should not be allowed to use our churches for voting. If separation is the desire then let's do it all the way.

The original laws of this country were founded on the Ten Commandments. If you were to take the original laws and our new laws and put them side by side, you would be hard pressed to find much resemblance.

The ACLU hates Christians and God. By our new laws and standards they should be charged with a hate crime. One day you will stand before a real Judge, and your arguments won't hold water. May God have mercy.

Beverly Sarra,
Hawthorne
How many non sequiturs can one imbecile make in one LTE? By Beverly's reasoning, if you can't use the government as a tool to advance your cause, then you aren't under that government in any way. By Beverly's reasoning, people's "wishes" matter more than inalienable rights granted by the Constitution. By Beverly's reasoning, the original laws which followed Bible teachings about slavery and burning witches and stoning homosexuals should be reinstituted. Wake up, Beverly, but it's the 21st century, and people have progressed beyond the barbaric and savage ways of your beloved Old Testament laws.

I have no problem with taking "separation all the way" -- but Beverly would, because it wouldn't equate to her getting what she wants. No, instead, churches would be treated like every other business, and they are, indeed, businesses -- they generate profits from sales and marketing and advertisements. See, tax-exemption is part of the problem, Beverly -- your churches already don't pay taxes, you numbnuts.

This sort of ignorant drivel showcases exactly the form of freedom that theocratic fascists like Beverly want -- they think that because we all pay taxes, that one sect out of us can use those taxes to promote their religious causes. Even though the entire purpose of a courthouse, or a road, is to serve the public and common good, Beverly think she has the right to use it to proselytize.

It's exactly the same "logic" (sneer quotes) as was displayed on CNN (YouTube link) when Karen Harris said,
HUNTER: Eight to 12 percent. (INAUDIBLE) They're not hurting anyone. I personally don't have a problem with an atheist. Believe or don't believe what you want. Don't impose upon my right to want to have prayer in schools, to want to say the pledge of allegiance, to want to honor my God. Don't infringe upon that right.
Whoa! You have a right to have prayer in schools? No. You have a right to pray yourself. You have a right to believe whatever you want. You don't have a right to use any government entity to push your version of your beliefs on anyone. These people are mind-numbingly stupid. And dangerous.

Beverly, you can put the 10 Commandments in your own yard. That is your right. You can hang them in every room of your house. You can walk into any public building and pray all day long, including your kids praying in their own school. How many times do you dense fucktards need it explained that your freedom to do those things voluntarily is Constitutionally guaranteed, and that the ACLU fights for Christians and their rights to those civil liberties?

And how many times must the truth be drilled into your thick skull that just as you have the right to do those things as an individual, no one has the right to use the government, or government authority, to promote their own religion? You retrograde theocrats are going through your death throes, screaming and wailing as you realize the utter failing of your own religion, manifested in empty pew syndrome and the general cultural turning away from your ancient beliefs and superstitions. Your only hope is to seize the government and use its power and money to revive and reform society to conform, forcibly, to your religious views. But we won't stand for it, and the Constitution is on our side. You lose. Thanks gods for that.
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Friday, February 16, 2007

Dixie County Advocate Article on 10C Lawsuit

The Dixie County Advocate, the county's only newspaper (to my knowledge), has an article about the recent developments in the ACLU-filed lawsuit in their Sunday edition:
ACLU Files Federal Lawsuit Over Placement Of Ten Commandments Monument
By Terri Langford, 2/15/2007

The American Civil Liberties Union of Florida (ACLU) recently filed a lawsuit at the federal courthouse in Gainesville, FL, sighting that Dixie County has violated the Establishment Clause of the United States Constitution by placing a monument, bearing the Ten Commandants on the county’s courthouse steps.

Since its placement, there has been much debate from both sides, with the majority of citizens in Dixie County in favor of keeping the monument on the courthouse steps and the majority of liberal activists from outside of the county in favor of upholding the laws of our Constitution that state there must be separation of church and state. With the lawsuit in place, the next step to take will be in the hands of the Dixie County Commission.

The “establishment of religion” clause of the First Amendment can be summed up to the following: Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa.

One case that is referred to often is where former Chief Justice of Alabama, Roy Moore, installed a monument of the Ten Commandments in the state judicial building in 2001. In 2003, he was ordered by a federal judge to remove the monument. Moore argued against the order, stating his right to acknowledge God. However, the courts used the separation of church and state argument that is listed in the establishment clause as grounds for removal of the monument on the government owned property. In keeping with the clause, the federal court also noted that Moore had the right to acknowledge God as a private person and to place the monument on his privately owned land.

The Dixie lawsuit is the newest case to be filed in the federal court system. In a press release issued by the ACLU, Howard Simon, Executive Director of the ACLU of Florida stated: “Government does not have the right to tell Americans which God to worship. The Ten Commandments are an important part of the Judeo-Christian religious tradition and should be read from the pulpit of churches and synagogues – but the Constitution prohibits the government from endorsing religious messages such as this one. In addition to the commonly held secular commandments about murder, stealing, an honoring one’s mother and father, the Ten Commandments also include strictly religious statements.”

J. Brent Walker, Executive Director of the Baptist Joint Committee for Religious Liberty said, “The question is not whether the Ten commandments embody the right teachings; rather the question is who is the right teacher – politicians or parents, pubic officials or religious leaders, judges or families,” Other points made in the press release were that by the erection of one version of the Ten Commandments, it sends a signal to others that they are not welcome and will be treated unfairly. Dr. Lesley Northup, Associate Dean, Honors College, FIU stated in a teleconference last week that a display like the one on the Dixie County steps does not show religious freedom, but promotes a type of religious depression. She added that all religious people should be wary of such symbols. “What hurts some of us hurts us all,” she stated.

It was asked of the panel during the teleconference, what, if any were the differences between the Alabama case and the Dixie County case? Besides the monument being outside on the courthouse steps and not inside the building; they are also looking at the phrase placed at the bottom of the monument which states, “Love God and Obey His Commandments” as an 11th Commandment.

There have been numerous local citizens who have voiced support of the monument since its placement in November 2006. The ACLU stated they were filing the lawsuit on behalf of their members, of whom they have approximately six residing in Dixie County. However their names have been kept from the public.

A copy of the lawsuit can be read online at http://www.aclufl.org/pdfs/Legal%20PDfs/Dixie Complaint.pdf.
More information on the ACLU can be found on their website at www.aclufl.org. [I added links]

While the monument was paid for by private citizens, it is not clear as to what the cost of fighting the ACLU lawsuit will be, however taxpayer resources are already being expended through county employee man hours. According to Dixie’s County Attorney, Leenette McMillan, as of press time, the county had not been served papers concerning the lawsuit and was not able to comment at this time. Once those papers are served, the ball will be in their court as to whether they will challenge the validity of the lawsuit or come to some agreement with regard to the monument.
Aside from some of the silly grammar mistakes (run-on sentence in 2nd paragraph, "sighting" instead of "citing", no comma after "However", "a type of religious depression" should probably be "a type of religious oppression") I was actually impressed by the article's attempt at balance. Yes, they put "liberal activists" in there, but they also did a fairly good job at paraphrasing the legal ramifications of the 1st Amendment, and admitted that the "other side" has the backing of the law: "...the majority of liberal activists from outside of the county in favor of upholding the laws of our Constitution that state there must be separation of church and state." Note she didn't write, "in favor of their interpretation of the Constitution..." or some similar exposition.

I hope that the county doesn't fight it -- I don't want to see them squander their resources on a case they'll certainly lose. What they have to remember is that even with the free legal defense, they will have to pay the plaintiff's legal costs once they lose, and that could be hundreds of thousands of dollars. Put the damn thing on private property, where it belongs.
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Thursday, February 8, 2007

"Adultry" Fixed on Dixie County Monument

A while back, I noted that the Dixie monument had "adultry" rather than "adultery" inscribed on it. Almost all of the news articles from the original time of the media buzz (approx. Nov. 29-Dec. 8) show this misspelling, because they used the same pictures over and over. The clearest picture, and one used a lot, is from the original Dixie County Advocate news article, and you can view the full-size image here. It's as clear as day, and carved into granite. Even yesterday's article in the Sun shows it the same way.

Today, when I read about the ACLU finally filing a challenge, (see official court document here) I went to their site, and lo and behold: it is fixed!

I decided to call Ben Barber, owner of Dixie County Monuments, and personally ask him about it. He confirmed to me that he had done the repair, and said that he repaired it about a week after it was first noticed. He said that you really can't see the repair unless you get up close and look for it, but that if you do, you will see the fix. I think he did a great job; granite is as hard as hell to work with once it's finished.

Too bad that most of the pics of the thing are testifying to their illiteracy, rather than to their religious faith.

Here's the media roundup, again:
  1. Gainesville Sun -- 11/28
  2. Dixie County Advocate -- 11/30
  3. Alligator -- 11/30
  4. Alligator -- 12/1 (editorial)
  5. FFRF Press Release -- 12/1
  6. Gainesville Sun -- 12/02
  7. 3 Letters to the Editor at the Sun -- pro, pro, con (12/2)
  8. Dixie County Advocate -- 12/7
  9. 2 More Letters to the Editor at the Sun -- pro (12/12), con (12/17)
  10. St. Petersburg Times -- 1/3/07
  11. St. Petersburg Times -- letter (con) 1/13/07 (4th letter down; response to 1/3/07 article above)
  12. Gainesville Sun -- 2/7
  13. ACLU News Release -- 2/7
  14. Reuters (Miami) -- 2/7
  15. Gainesville Sun -- 2/8
  16. St. Petersburg Times -- 2/8
And HERE are all of the articles I've written on this story, as it developed, and my involvement and analysis of the situation.
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Dixie County, Now You're F#&%*d!

There's an old song I like, especially the version by Randy Travis:

"I told you so..."

Dixie County's dumbass decision to plant their religious monument at the courthouse is now officially headed to court. The names of the plaintiffs are being withheld to protect them, and I agree with that decision; those dumbass rednecks were ready to assault me that night.

I've heard over and over the assurances from the county's residents that no one in the county objects to it. Bullshit. People were just afraid to be harassed or beaten in retaliation (you know, because of God's abounding grace). Thankfully, a few plaintiffs have the courage to see this illegal action challenged.

Although the DC Commissioners are ecstatic about having free legal representation, what those stupid people don't apparently realize is that they'll have to pay the plaintiff's rather hefty legal fees once they lose this case. I'd love to see what percentage of the county budget $100K would be. If this goes way up to a state supreme court, that number could go into the millions.

Eventually, theocrats will be bled dry from such efforts, hopefully, and stop pulling this old trick.

For those who don't know, I appeared on FoxNews regarding this issue back on Nov. 29. CLICK HERE to watch and read some preliminary comments, and HERE for my detailed commentary on the legal and political issues.

Gainesville Sun, AP, St. Petersburg Times, my media roundup
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Saturday, December 2, 2006

And So It Begins...

The FFRF has written the Dixie County Commissioners and asked them to remove the display, informing them of the legal potential in this case. They are also soliciting plaintiffs from the area -- this news release from the FFRF was carried in a NC-based newswire service yesterday. Keep tuned, more to come, I'm sure.

http://bbsnews.net/article.php/20061201120201768

Yet Another Court House Ten Commandments Monument

Friday, December 01 2006 @ 12:02 PM EST

State/Church Watchdog Groups Seeks Plaintiffs to Sue Over Dixie County Decalog

FFRF via BBSNews 2006-12-01 -- The Freedom From Religion Foundation, a national state/church watchdog group, is looking for Dixie County residents willing to join a lawsuit challenging the placement of a 6-ton monument of the Ten Commandments on the steps of the Dixie County Courthouse last week.

The Foundation, an association with nearly 8,000 mostly atheist and agnostic members nationwide, has a successful track record in suing over the "faith-based initiative." This fall, its litigation got the Federal Bureau of Prisons to back down from plans to open "single faith" ministry pods in federal penitentiaries.

The Foundation sent a formal request today to the Dixie County Board of Commissioners asking it to remove the monument. Spokeswoman Annie Laurie Gaylor noted that the county is flouting well-established law, including a ruling by the 11th U.S. Court of Appeals in Atlanta in the notorious Judge Roy Moore case. Moore was ordered to remove a Ten Commandments monument placed in the Alabama state courthouse. The county's action also violates last year's decision by the Supreme Court ruling that Kentucky officials violated the Establishment Clause of the First Amendment in placing a Ten Commandments display in a courthouse.

"This display is far more visible, unavoidable and intrusive than the one deemed unconstitutional in the Kentucky case," Gaylor said.

The fact that the granite monument depicting an open bible was paid for privately does not mitigate the violation, Gaylor said, pointing to a 1980 ruling by the Supreme Court in the Stone v. Graham case, which said government display of donated Ten Commandment posters was an impermissible endorsement.

"The First Commandment alone makes it obvious why the Ten Commandments may not be posted by government bodies. Dixie County has no business telling citizens which god they must have, how many gods they must have, or that they must have any god at all!"Gaylor said.

Making the violation even more egregious is the inscription at the base admonishing citizens to "Love God and keep his commandments."

The Foundation has been contacted by many of its Florida membership. "We plan to sue, but we do need at least one local plaintiff who lives in Dixie County or who has very regular business at the courthouse," Gaylor said.

Anyone potentially interested in being a plaintiff is asked to contact Gaylor at info@ffrf.org, 608/256-8900, or may write FFRF, Inc., at PO Box 750, Madison WI 53701.
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