PLATTSMOUTH, Neb. — In a decision influenced by a recent U.S. Supreme Court ruling on the Ten Commandments, a federal appeals court ruled Aug. 19 that a monument to the biblical laws can remain in a Nebraska park. The Plattsmouth, Neb., monument was donated to the city in 1965 by the Fraternal Order of Eagles, which has given similar monuments to numerous municipalities.
The American Civil Liberties Union Nebraska Foundation argued on behalf of a city resident who claimed the display violated the First Amendment’s establishment clause. A lower court agreed, as did a divided panel of the 8th U.S. Circuit Court of Appeals.
But the full appeals court reheard the case at the city’s request and reversed both previous decisions. Writing for the 10–2 majority, Circuit Judge Pasco M. Bowman cited the Supreme Court’s June decision in Van Orden vs. Perry, which found a similar monument in Texas to be constitutional.
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