William A. Books v. Elkhart County, Indiana

401 F.3d 857, 2005 U.S. App. LEXIS 4846, 2005 WL 678729
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 25, 2005
Docket04-2075
StatusPublished
Cited by58 cases

This text of 401 F.3d 857 (William A. Books v. Elkhart County, Indiana) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
William A. Books v. Elkhart County, Indiana, 401 F.3d 857, 2005 U.S. App. LEXIS 4846, 2005 WL 678729 (7th Cir. 2005).

Opinions

SYKES, Circuit Judge.

This case tests the constitutionality of a display of the Ten Commandments on public property. The display in question is a framed text of the King James version of the Ten Commandments, one of nine historical texts and symbols that comprise a “Foundations of American Law and Government Display” in the County Administration Building in Elkhart County, Indiana. Authorized by resolution of the Elkhart County Board of Commissioners, the exhibit includes a selection of significant historical documents and symbols that, according to the resolution, “positively contribute to the educational foundation and moral character of the citizens of [Elk-hart] county.” Evaluating the display under the three-part test of Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105, 29 L.Ed.2d 745 (1971), the district court held that the inclusion of the Ten Commandments violates the First Amendment’s Establishment Clause because the County had no purpose other than “paying homage to the Ten Commandments,” a sacred religious text. The court ordered the County to remove the Ten Commandments from the display.

We reverse. The display satisfies the Lemon test and is therefore constitutional under the First Amendment. The County’s stated purposes — to educate its citizens in the history of American law and politics and provide moral uplift — -are secular, and we see no good reason to doubt the County’s sincerity. Nor is the primary effect of the display to advance religion. The inclusion of the Ten Commandments in a multifaceted historical exhibit of texts and images that have influenced or symbolized American law and government cannot reasonably be understood as an endorsement of religion.1

I. Background

The pertinent facts are undisputed. Two individuals approached government officials in Elkhart County, Indiana, and offered to donate a set of documents for display. The set included the Preamble to the Indiana Constitution, the national motto, the national anthem, an image of Lady Justice, the Declaration of Independence, the Mayflower Compact, the Bill of Rights to the United States Constitution, the Magna Carta, and the Ten Commandments. County Commissioner Martin McCloskey asked the county attorney to draft a resolution authorizing a display of the documents, along with the flags of the United States and Indiana. This was done, and on March 17, 2003, the County [859]*859Commission passed a resolution authorizing installation of the display.

The resolution sets forth the County’s view that the documents included in the display are historically significant and educationally valuable to the citizens of Elk-hart County. In particular, it states as a general matter that “a sense of historical context, civic duty, and responsibility, and the general application and understanding of the law of this land, are all desirable components of the education of the citizens of this county.” The resolution goes on to say that the documents included in the display “positively contribute to the educational foundation and moral character of the citizens of this county.”

Acknowledging that “there may be other symbols, documents, speeches, letters, and writings that are equally important as those mentioned,” the resolution states the Commission’s opinion that the documents and symbols in the display, “taken as a whole, are valuable examples of documents and symbols that may instill qualities desirable of the citizens of this county, and have had particular historical significance to the development of this country.” The Commissioners resolved to “support these historical documents and symbols, and also support the public display of the above documents and symbols.” The resolution specifies that the display will be erected on the walls of the County Administration Building “and at such other public facilities of Elkhart County Government as shall from time to time hereafter be designated by the Commissioners.”

The very day the resolution passed the display was erected on a wall on the first floor of the County Administration Building, near the entrance to the County Commissioners’ offices. The display consists of ten individually framed images and documents — the nine historical documents and a separately framed explanation of the display — flanked by the flags of Indiana and the United States. The identically sized frames hang at eye level and are placed approximately two inches from one another, forming a bunched grouping in two rows. The explanation is placed at the far right-hand end of the display. Each of the historical texts and symbols is identically sized and matted inside a frame measuring approximately 11 x 14 inches. Given the varying lengths of the historical texts, the typeface of the documents is not identical, but from the photographs included in the record, they appear nearly the same.

The separately framed explanation sets forth a one- or two-paragraph exposition of the historical significance of each text and symbol. These explanations are generally narratives of the origin and purpose of the historical text or symbol in question, along with a brief comment on the text’s significance in American history. For instance, the explanation refers to the Mayflower Compact as “the first written constitution in the New World” and quotes its author, William Bradford, describing why the settlers of Plymouth, Massachusetts, created the Compact. The Declaration of Independence is rated “perhaps the single most important document in American History ... the ‘frame’ into which the Framers placed the Constitution,” the fundamental premise of which is that “[government is not a giver of rights, but a protector of God-given rights.” The Magna Carta is described as the origin of the concept of the rule of law and is related forward to the American war of independence: “[T]he American patriots ... waged war against England to preserve liberties originating in 13th century England.”

The explanation provides the little-known fact that the national motto, “In God We Trust,” was derived from a line in the Star-Spangled Banner. Another section of the explanation vividly describes how Francis Scott Key wrote the poem [860]*860that became our national anthem while observing the battle of Fort McHenry during the War of 1812. The explanation states that the Preamble to the Indiana Constitution “derives directly from the idea that Government is not a giver of rights, but a protector of God-given rights.” The Bill of Rights is described as a check on the potential tendency to tyranny within the newly organized American government and “a vital and powerful force in American Government, shaping our laws and serving as a check on the exercise of government power.” The explanation also discusses the symbolism of the Lady Justice icon.

In comparison with the other texts, the description of the Ten Commandments is relatively short and contains no information about its origins. Instead, the explanation focuses on the historical significance of the Ten Commandments:

The Ten Commandments have profoundly influenced the formation of Western legal thought and the formation of our country.

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Bluebook (online)
401 F.3d 857, 2005 U.S. App. LEXIS 4846, 2005 WL 678729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-a-books-v-elkhart-county-indiana-ca7-2005.