In this corner, the Ten Commandments, foundation of the Jewish faith, adopted later by Christianity. In the opposite corner, the Seven Aphorisms, foundation of Summum, a small and obscure faith founded in Salt Lake City in 1975 by the late Corky Ra.
Guess which set of religious principles the leaders of Pleasant Grove find appropriate for a monument in their city park?
Hint: Charlton Heston.
The Fraternal Order of Eagles donated a Ten Commandments monument to the city park in 1971. When the Summum folks showed up 32 years later, requesting permission to place a monument with their Seven Aphorisms in the park, the city declined, saying that such permanent displays must relate directly to the city's history or be donated by groups with long ties to Pleasant Grove. That was a fig leaf for religious bias, of course.
Summum took the city to court, and the 10th U.S. Circuit Court of Appeals ruled last year for the underdogs, saying, on free speech grounds, that the city couldn't allow the Ten Commandments and exclude the Seven Aphorisms.
That was an admirable decision from the standpoint of equity, but the court missed the larger point entirely. No city, or other government, for that matter, should be allowing the installation of monuments advocating for any specific religious creed. That is a clear violation of the Establishment Clause of the U.S. Constitution, which prohibits governments from advocating for any religion over others.
Amazingly, this case has gone to the U.S. Supreme Court, which heard oral arguments last week. We trust that the Supreme Court will see this case as one whose most important implications are for the separation of church and state, not for free speech.
In the meantime, however, there is the lesser question of whether a city must accept donations of monuments from all comers if it accepts just one. That's a bit thornier. After all, if a monument has a clear message, is it speech? Probably. So can a city discriminate? Probably not, at least not in a recognized public forum like a park.
Frankly, we're not sure how the justices should sort that one out.
But there should be no question that governments should steer clear of religious monuments in public parks. That's one principle that best serves all Americans, regardless of their faith.


