From Deseret News archives:
Pleasant Grove religious case in top court today
And if a small religious group gets its way, city leaders will have to decide whether to remove those monuments, or make room for more.
Attorneys for Pleasant Grove and the religious group Summum will make their arguments to the nation's highest court today in a lawsuit that could have major First Amendment implications.
In 2003, Summum's founder wrote to Pleasant Grove, hoping to place a monument in the park to the group's Seven Aphorisms, which members believe to be lesser-known instructions given to Moses by God. The city said no.
In the lawsuit that followed the rejection, the courts ruled Pleasant Grove must accept the monument because, by accepting other monuments, the city had transformed the park into a public forum where free speech must be permitted. The city disagreed, claiming the monuments became "government speech" when the city accepted them and not the speech of their donors.
Whether that is the case is the issue at hand for the top court.
Summum's attorney, Brian Barnard, said the city has stepped on the First Amendment by endorsing one set of religious beliefs over another. In a public park, free speech is the only option, he said.
"What (the city has) done is in large part, if not exclusively, religiously based," Barnard said. "Summum says, 'We want equal time."'
For its part, the city has defended its decision to accept some religious monuments and not others by citing a policy of only accepting items with ties to the city's pioneer heritage.
Being forced to open the park up to all monuments could invite some unseemly donations, attorneys argued.
More than 20 other cities that have filed friend-of-the-court briefs in support of Pleasant Grove agree. Through court documents, they have expressed concerns that a ruling in Summum's favor would mean a monument to 9/11 terrorists for every monument to the victims.
"In short, accepting a Statue of Liberty does not compel a government to accept a Statue of Tyranny," Pleasant Grove argued in its brief.
Barnard said that "parade of horribles" was an irony that had been lost on the city.
"We're not putting up some offensive monument," Barnard said. "The city has said, 'We want to preserve the park for things that remind us of our pioneer heritage.' Mormons came to Utah because they were persecuted. They were a minority religion and they were not allowed to practice freely in the Midwest. Lo and behold, supposedly in furtherance of pioneer heritage, the city is squelching the free speech of a small, newly founded religion."
E-mail: afalk@desnews.com
Recent comments
Re @majority Rule... Utah, I'm afraid, is always embarrassing itself...
Thank You @majority | Nov. 18, 2008 at 11:31 a.m.
REPENT. Send the Church money. It's the last days. The Second...
The Prophet Speak | Nov. 18, 2008 at 11:23 a.m.
Stop the calling for people to move. Read Elder Ballards's talk...
John Pack Lambert | Nov. 12, 2008 at 9:38 p.m.
- Unga BYU's all-time leading rusher 8:47 p.m.
- Millsap has stitches to close cut 8:40 p.m.
- Smithson shakes off rough season 8:21 p.m.
- Plenty of skills and talents needed 8:19 p.m.
- NBA rookies getting the point 8:12 p.m.
- Glenn Beck to enter politics? 8:03 p.m.
- Lalas: L.A. is the favorite 8:02 p.m.
- RSL to face former friend 7:56 p.m.
- Cullimore left legacy for Darts 7:55 p.m.
- Utes turn attention to rivalry 7:53 p.m.
- Glenn Beck to enter politics?
- Can BYU throw vs. Air Force?
- Cougars cruise to victory in Hawaii
- Huntsman blasts media over trip
- Christian leaders not backing down
- Murder-suicide in West Jordan
- TCU still has a chance
- Orem man acquitted in tot's death
- Religion cited in deportation fight
- Hall breaks BYU record with win
- Buttars wants to limit gay rights laws
191 - Palin plans tour stop in Utah
172 - Lies shatter Utah family
123 - Palin's book shows she's unqualified
122 - Officer cleared in Cardall Taser case
103 - BYU cuts Women's Research Inst.
100 - Jazz finally win in San Antonio
98 - Utes knock off rival Aggies
93 - Huntsman pleased with Obama
86 - Glenn Beck to enter politics?
82
A little after midnight Wednesday morning, about 21 hours ago as I write...
There's a lot of reason to leave your plastic home as you shop:
Robert Johnsons still open.
Why do some of our fans throw tortillas at each other? Not very classy.
Left overs which are made into a stew have always reminded me of the farm i...
This inner drama you foxicans are feeling....... It's so good for me to know...
Ninjas aren't real--just remember "lizard bites Spock. . ."
0-2 against ranked teams at home this year. What in the world give you this...
Lee, you haven't read where people are embarrassed by Reid??? Oh please......
Glenn for Prime Minister! We could end all the things the Liberals have...
re: BYU ...and you clearly are yet another arrogant Ute troll who will see...
I was at the game last night and I was unimpressed. My wife and I were...


