“[A]cknowledgments
of the role played by the Ten Commandments in our Nation's heritage are common
throughout America.”
Chief Justice William
Rehnquist [1]
The
role of the Decalog in America’s legal heritage is a frequent assertion of the
Christian Right.[2]
However, the basis for that assertion is never articulated. And rightly so, for
the claim is meritless. Not a single provision of the Constitution is based on
the Ten Commandments. And with respect
to its derivative laws, the religious commandments would clearly violate the
First Amendment of our Constitution and the secular commandments are either
ethical norms that predate the Ten Commandments (e.g., murder, theft and
perjury) or simply not part of our laws (e.g., honor thy parents, adultery or
coveting).[3]
But
what about the symbols of the Ten Commandments – are they ubiquitous? Chief Justice Rehnquist’s statement (above)
is more than Christian Right hyperbole. For it, and the listing of eleven
"acknowledgements" in Washington, D.C., are part of a dishonest
attempt by the Chief Justice Rehnquist and Justices Scalia, Kennedy and Thomas
to justify the presence of the six-feet tall Eagles-donated Ten Commandments granite
tombstone to Jesus Christ on the Texas state capitol grounds.
The
purpose of this post is to prove through the use of photographs that the Chief
Justice’s use of the “acknowledgements” is a deception of the greatest
magnitude. The Chief Justice wrote in Van Orden:
In this case we are faced with a display of
the Ten Commandments on government property outside the Texas State Capitol. Such acknowledgments of the role played by the
Ten Commandments in our Nation's heritage are common throughout America. We need only look within our own Courtroom [1].
Since 1935, Moses has stood, holding two
tablets that reveal portions of the Ten Commandments written in Hebrew, among
other lawgivers in the south frieze. Representations of the Ten Commandments
adorn the metal gates [2] lining the north and south sides of the Courtroom as
well as the doors [3] leading into the Courtroom. Moses also sits on the exterior east façade [4]
of the building holding the Ten Commandments tablets.
Similar acknowledgments can be seen
throughout a visitor's tour of our Nation’s Capital. For example, a large statue of Moses holding
the Ten Commandments, alongside a statue of the Apostle Paul [5], has
overlooked the rotunda of the Library of Congress’ Jefferson Building since
1897. And the Jefferson Building's Great
Reading Room [6] contains a sculpture of a woman beside the Ten Commandments
with a quote above her from the Old Testament (Micah 6:8). A medallion with two tablets depicting the Ten
Commandments decorates the floor of the National Archives [7]. Inside the Department of Justice [8], a statue
entitled “The Spirit of Law” has two tablets representing the Ten Commandments
lying at its feet. In front of the
Ronald Reagan Building [9] is another sculpture that includes a depiction of
the Ten Commandments. So too a
24-foot-tall sculpture, depicting, among other things, the Ten Commandments and
a cross, stands outside the federal courthouse that houses both the Court of
Appeals and the District Court for the District of Columbia [10]. Moses is also prominently featured in the
Chamber of the United States House of Representatives [11]. (Numbers in brackets added.) [4]
The point being made by the Chief Justice, as I understand it, is that (1) the
depictions of the Ten Commandments in and around government buildings in
Washington, D.C. do not violate the First Amendment prohibition against
governmental acts “respecting an establishment of religion,” (2) the Texas Ten
Commandments monument is (merely) another “acknowledgement” of the Ten
Commandments, therefore (3) the presence of the Texas monument on the Texas
state capitol grounds does not violate the Establishment Clause of the First
Amendment.The validity of the Chief Justice’s (Christian apologetic) argument is easy to refute. In my September 20 post, I included a photograph of the large Eagles-donated Ten Commandments monument in Austin, Texas (that was the subject of Van Orden). Below, I show photographs of ten of eleven of the Chief Justice’s “acknowledgments” together with a brief analysis of the symbol and its comparability to the Texas monument. As you will see, it’s a classic case of apples and oranges (or bait and switch).
Acknowledgment #1]: Moses Holding Tablets on Supreme Court's South Wall Frieze
“In this case we are faced with a display of
the Ten Commandments on government property outside the Texas State
Capitol. Such acknowledgments of the
role played by the Ten Commandments in our Nation’s heritage are common
throughout America. We need only look within our own Courtroom. Since 1935,
Moses has stood, holding two tablets that reveal portions of the Ten
Commandments written in Hebrew, among other lawgivers in the south frieze.”[5]
Supreme Court justices love to use “context”
whenever they want to differentiate one case from another in order to
circumvent precedent. The photographs immediately below and the others which follow help to correct the misleading record set by Chief Justice Rehnquist in his plurality opinion in Van Orden. The Texas legislature chose to
endorse Christianity when it accepted the Eagles a six-foot tall Decalog inscribed with the
full English text of the Ten Commandments and placed in an area of the state capitol grounds where no other monuments can be seen. In contrast, the base-relief of
Moses on the South Wall Frieze is high on one of the walls of the courtroom of
the Supreme Court. Moses is but one of 17 lawgivers depicted on the friezes
(see http://www.supremecourt.gov/about/north&southwalls.pdf). There are five lines of Hebrew
characters on the overlapping tablets, but only three lines have sufficient text
to be translatable. No endorsement of Christianity by the Supreme Court – that is, until its Van Orden
decision. See for yourself – the
Supreme Court's depiction of Moses on the left below and the Texas Ten Commandments monument
on the right.
A base-relief of Moses
holding overlapping tablets on the South Wall Frieze of the courtroom of the
Supreme Court.
English translation of the Hebrew:
Top line – “THOU SHALL MURDER”
Second line – “THOU SHALL COMMIT ADULTERY” Third line – “THOU SHALL STEAL”
Fourth line – insufficient characters to translate.
Translation: Avrahum Segol.
Photo: Steve Petteway,
Collection of the Supreme Court of the United States.
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Ten Commandments Monument on the grounds of the
Texas State Capitol in Austin, Texas.
Photograph by J. Williams. (Aug. 26, 2002)
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While many will argue
that Moses beard covers up the "not" (since Hebrew is written from
right to left), other spoofs by Adolph A. Weinman strongly
indicate that the omission was deliberate. So if these are the Commandments
which the Christian Right stands for, they revel in a glory of absurdity. If it is true that ignorance of the law is no
excuse, then ignorance of what is in plain sight is not a valid excuse.
Weinman (1870-1952), the sculptor, spoofed the Supreme Court.[6] The Hebrew on the tablet translated into English reads: "Murder," "Steal" and "Commit adultery." The Hebrew character for "Thou shall not" is conveniently omitted (in effect hidden by Moses beard and robe). This fact was confirmed by the oral argument of Jay Sekulow in Pleasant Grove City v. Summum on November 12, 2008 and confirmed by Justice Ginsburg.[7]
Therefore, it was deceptive for Chief Justice Rehnquist to cite the base-relief of Moses on the South Wall Frieze of the courtroom of the Supreme Court to support exempting the Texas Decalog on its state capitol grounds from the prohibitions of the Establishment Clause.
Acknowledgment #2: Metal Gates Lining the North and South Sides of the Courtroom
“Representations of the Ten Commandments
adorn the metal gates lining the north and south sides of the Courtroom.”[8]
Roman numerals on the
metal gates lining the north and south sides of the Courtroom.
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Keeping the commentary short, there is no English text of
the Ten Commandments on the north and south gates of the courtroom at the
Supreme Court
Acknowledgment #3: Doors Leading into the Courtroom
“Representations of the Ten Commandments
adorn . . . the doors leading into the Courtroom.”[9]
The lower panel on the oak doors at the entrance of the courtroom of the
Supreme Court.
Photo: Robert V. Ritter
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Two tablets with Roman numerals I thru X. That's all. No English text of the Ten Commandments here.
Therefore, it was misleading and deceptive for Chief Justice Rehnquist to cite the depiction of two tablets with Roman numerals on the oak doors leading into the courtroom of the Supreme Court to support exempting the Texas Decalog on its state capitol grounds from the prohibitions of the Establishment Clause.
Acknowledgment #4: Moses on the Exterior East Facade of the Supreme Court Building
“Moses also sits on the exterior east façade
of the building holding the Ten Commandments tablets.”[10]
Moses on the East
Pediment of the Supreme Court Building. Both tablets are blank.
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The tablets Moses is holding between his arms and knees are blank. Not one, no less ten, of the Commandments is displayed on the East Pediment.
Therefore, it was misleading and deceptive for Chief Justice Rehnquist to cite the depiction of Moses on the East Pediment of the Supreme Court building to support exempting the Texas Decalog on its state capitol grounds from the prohibitions of the Establishment Clause.
Acknowledgment #5: Statue of Moses in the Library of Congress
“Similar acknowledgments can be
seen throughout a visitor's tour of our Nation’s Capital. For example, a large statue of Moses holding
the Ten Commandments, alongside a statue of the Apostle Paul, has overlooked
the rotunda of the Library of Congress’ Jefferson Building since 1897.”[11]
Statue of Moses at the
Library of Congress overlooking the Main Reading Room of the Jefferson Building.
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From the reading room far below, one can’t discern what Moses is holding, no less that it’s tell blank. However, a tourist can walk behind the Plexiglas protected statute see that the table is blank. To the right of Moses is a statue of Isaac Newton (not seen in the photograph.) To the left of Moses is a column a top of which is the symbolic statue of Religion. “St. Paul” stands to the left of statue symbolizing Religion (not alongside Moses).
Therefore, it was misleading and deceptive for Chief Justice Rehnquist to cite the statue of Moses on a balcony overlooking the Great Reading Room of the Library of Congress to support exempting the Texas Decalog on its state capitol grounds from the prohibitions of the Establishment Clause.
Acknowledgment
#6: Statute of “Religion” – The Jefferson
Building's Great Reading Room
“And the Jefferson Building's Great Reading
Room contains a sculpture of a woman beside the Ten Commandments with a quote
above her from the Old Testament (Micah 6:8).”[12]
Statue symbolizing
“Religion” in the Great Reading Room of the Library of Congress
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It takes a little imagination to understand what the Chief Justice meant by saying that the Ten Commandments are beside the statue symbolizing religion, one of eight fields of study. (The others are: science, law, poetry, philosophy, art, history and commerce.) Presumably, the Ten Commandments that he was referring to is the statue of Moses (with the blank tablet) below and to the right (not seen in the above picture) – too far away to be “beside” the statute.
In short, Chief Justice Rehnquist is correct that the Main Reading Room contains the above statue, but there are no Ten Commandments beside it. Rather, he is bootstrapping the blank tablet that Moses holding far below and to the right. The essential point here is that there is no comparison between this statue and the Texas Decalog.
Therefore, it was misleading and deceptive for Chief Justice Rehnquist to cite the statue symbolic of Religion in the Main Reading Room of the Library of Congress to support exempting the Texas Decalog on its state capitol grounds from the prohibitions of the Establishment Clause.
Acknowledgment #7: A Medallion in the Floor of the National Archives
“A medallion with two tablets
depicting the Ten Commandments decorates the floor of the National Archives.”[13]
A 20-inch medallion representing "Legislation" on the floor at the entrance of the
Rotunda of the National Archives.
Photo: Robert V. Ritter
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There is no English text of any religious commandment on the medallion. The medallion is located on the floor at the entrance to the Rotunda of the National Archives where the most important documents of the United States are displayed – the Constitution and the Bill of Rights. The above medallion is one of four medallions incorporated in a larger medallion and, according to the National Archives, represents “Legislation.” (The other three represent “Justice,” “History” and “War and Defense.”) Arguably, the Roman numerals stand for the Bill of Rights? Who is to say otherwise?
Therefore, it was grossly deceptive for Chief Justice Rehnquist to cite the medallion on the floor of the National Archives to support exempting the Texas Decalog on its state capitol grounds from the prohibitions of the Establishment Clause.
Acknowledgment #8: Spirit of the Justice Statue at the Department of Justice
“Inside the Department of Justice, a statue
entitled “The Spirit of Law” has two tablets representing the Ten Commandments
lying at its feet.”[14]
Spirit of Justice
(also known as “Minnie Lou”) (left) and Majesty of Law (right) in the Great
Hall at the Department of Justice
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The partially nude statues above are located in the Great Hall of the Department of Justice. The female statue (on the left) represents the Spirit of Justice. The 10- to 12-foot high cast aluminum statute was installed in the 1930s when the Department of Justice Building was finished.
A close up the Ten
Commandment tablets at the foot of Spirit of Justice. Note that the tablets are blank.
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It is not manifestly clear what the small blank tablets represent. Presumably they represent the “laws” that the Department of Justice is designated to enforce. However, even if they were intended to represent the Ten Commandments, it is obvious that they are not comparable in size to the Texas decalog, nor is there a single English commandment inscribed on them.
Therefore, it was misleading and deceptive for Chief Justice Rehnquist to cite the Spirit of Justice statue at the Department of Justice to support exempting the Texas Decalog on its state capitol grounds from the prohibitions of the Establishment Clause.
Acknowledgment #9: The Liberty of Worship Statue Outside the Ronald Reagan Building
“In front of the Ronald Reagan Building [9]
is another sculpture that includes a depiction of the Ten Commandments.”[15]
"Liberty of Worship" statue outside the Ronald
Reagan Building in Washington, D.C.
Photo: Robert V. Ritter
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A close-up of
"Liberty of Worship" statue resting on a tablet with roman numerals
outside the Ronald Reagan Building in Washington, D.C.
Photo: Robert V. Ritter
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“OUR LIBERTY OF WORSHIP IS NOT A CONCESSION NOR A PRIVILEGE BUT AN INHERENT RIGHT” is chiseled on the front side of the monument. Roman numerals (II, III, IV, V, VII, VIII, IX and X) appear on a tablet below the right arm of the figure – but there is no text of any of the Ten Commandments. Adolph A. Weinman is the sculptor. He also did the friezes in the Supreme Court's courtroom. No English text of the Ten Commandments here.
Therefore, it was misleading and deceptive for Chief Justice Rehnquist to cite the Liberty of Worship statue outside the Ronald Reagan Building to support exempting the Texas Decalog on its state capitol grounds from the prohibitions of the Establishment Clause.
Acknowledgmen #10: Outside of the U.S. District Court Building
“So too a 24-foot-tall sculpture, depicting,
among other things, the Ten Commandments and a cross, stands outside the
federal courthouse that houses both the Court of Appeals and the District Court
for the District of Columbia.”[16]
Monument in front of
the E. Barrett Prettyman U.S. Courthouse
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 A close-up of a Latin (“Christian”) cross and two tablets with a Hebrew version of the Ten Commandments.
Photos: Robert V.
Ritter
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Because small tablets are high atop the sculpture and the characters engraved on it are in Hebrew, few people will every read what is written on them. (More interesting, however, is that the larger Latin cross suggests government preference for Christianity.)
Therefore, it was deceptive for Chief Justice Rehnquist to cite the 24-foot-tall sculpture to support exempting the Texas Decalog on its state capitol grounds from the prohibitions of the Establishment Clause.
Acknowledgment #11: Moses in the Chamber of the United States House of Representatives
“Moses is also prominently featured in the Chamber of the United States
House of Representatives.”[17]
The base-relief of Moses in the U.S. House
of Representatives Chamber was sculpted by Jeans de Marco in 1950. It is 28 inches in diameter – a little more
than one-third the size of the Texas Ten Commandments monument.
Photo:
Wikipedia Commons
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The Chief Justice’s statement is literally true – but it’s
false for the intended purpose of justifying the Texas Ten Commandments
monument. I’m feeling overly
repetitive. There’s full English version
of the Ten Commandments here. As an
aside, the ugly base-relief doesn’t even suggest laws to me. Perhaps Moses has cast a spell of ineptitude
upon the House of Representatives.
To summarize Chief Justice Rehnquist’s eleven “acknowledgments”:
0 – Full
English text of the Ten Commandments (like the Texas Decalog)
4 – Tablets with Roman numerals
4 – Tablets with Roman numerals
3 – Blank
tablets
2 – No
depiction of the Ten Commandments
1 – Tablet
with the text of the Ten Commandments in Hebrew
1 – Tablet with partial Hebrew text (“murder,” “commit adultery” and “steal”)
1 – Tablet with partial Hebrew text (“murder,” “commit adultery” and “steal”)
The above photographs irrefutably shows that not one eleven “acknowledgments”
cited by the Chief Justice in his Van
Orden plurality opinion has a single
English word of the Ten Commandments, no less the full English text that is presented
on the Eagles-donated Texas Ten Commandments Monument.
Accordingly, I conclude that the eleven “acknowledgements”
of the Ten Commandments referred to in Chief Justice Rehnquist’s plurality
opinion in Van Orden were intended to
mislead us and are wholly insufficient as a basis for exempting the Ten
Commandments from the prohibitions of the Establishment Clause.
And thus it is a myth that the Ten Commandments are commonly displayed on public property in Washington, D.C.
[1] Van
Orden v. Perry, 545 U.S. 677, 688 (2005) (Chief Justice Rehnquist plurality
opinion).
[2] E.g.,
“All the laws of the Country dealing with human relations are based upon the
Ten Commandments.” Judge E.J. Ruegemer, the back of a Fraternal Order of Eagles
1950s Ten Commandments poster.
[3] Steven K Greene, The Fount of Everything Just and Right? The Ten Commandments as a Source of American Law, 14 J.L. & Religion 525 (1999-2000): “At best, the most that could be said about the relationship of the Ten Commandments to the law is that the former has influenced legal notions of right and wrong.”; Marci Hamilton, The Ten Commandments and American Law: Why Some Christians' Claims to Legal Hegemony Are Not Consistent with the Historical Record (Sept. 11, 2003), available at http://writ.news.findlaw.com/hamilton/20030911.html.
[4] Van
Orden v. Perry, 545 U.S. 677, 688-89 (2005).
[5] Van
Orden v. Perry, at 688.
[6]
The model which Cass Gilbert approved
showed short vertical lines on the overlapping tablets, mostly likely to indicate Roman numerals.
[7]
Pleasant
Grove City v. Summum, No. 07-665 (November 12, 2008), Transcript, p 9: “JAY
SEKULOW: No, the words on the Court’s frieze are ‘steal,’ ‘murder,’ ‘adultery’
in Hebrew.” Justice Ginsburg responded:
“Yes.” Note: the fourth line contains
insufficient characters to translate.
[8] Van
Orden v. Perry, at 688.
[9] Id.
[10]
Id.
[11] Id. at 689.
[12] Id.
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Id.
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