Via Religion Clause, a Ten Commandments monument at the Dixie County (Florida) Courthouse has been ruled unconstitutional. County officials put forward a kind-of bizarre argument the Court thankfully rejected. Because the large granite slab was donated by a private citizen, supporters contended, placing it at the courthouse entrance is the equivalent of allowing that person to stand out front and speak their mind. The 6-ton behemoth, they say, is not a permanent display.
In his opinion, Judge Maurice Paul replied, um, no.
Dixie County cites no authority for the proposition that only monuments anchored or affixed to their surroundings should be considered permanent. The monument in question weighs twelve thousand pounds, has been there for three years, and Dixie County has no plans to move it. In fact, Dixie County has defended this lawsuit with the objective of maintaining the monument’s current location…. It is, for all practical purposes, permanent. Despite 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. As such, the Court finds that the monument displaying the Ten Commandments is government speech and must comport with the Establishment Clause.
Paul ordered the monument is to be removed within 30 days. As the Gainesville Sun editorializes, "There are any number of appropriate locations in Dixie County for a granite monument to the Ten Commandments. The county courthouse is not one of them."
