10th Circuit Court takes on Ten Commandments issue

DENVER — Appellate justices questioned the sincerity of Duchesne City' decision to deed a 10-by-10 feet piece of property where a Ten Commandments display rests to a private party to avoid a Salt Lake-based religious group from erecting their own monument.

During an oral argument hearing Wednesday, a three-judge panel of the 10th Circuit Court of Appeals reviewed five pending cases between the group Summum and Duchesne and Pleasant Grove cities over Ten Commandment monument displays on city property. Summum has sued both cities after they denied its request to erect a monument espousing its Seven Aphorisms next to the Ten Commandment displays.

Both Ten Commandments monuments were donated decades ago by local civic organizations and stand in or near respective city parks.

Summum's attorney, Brian Barnard, argued that city parks are considered public forums and that by allowing Ten Commandment displays both cities are discriminating against his clients based on their First Amendment speech rights and religious beliefs.

In 2003, the Duchesne City Council voted to deed the property under the monument to the Duchesne Lions Club. Later, because the city mayor was also the Lions Club president, the city took the property back and deeded it to the three sisters of the Cole family, who originally donated the monument to the city back in 1979.

Currently the monument stands on the tiny private parcel surrounded by a fence and a sign denoting private property.

Barnard said Pleasant Grove City is also discriminating because they have since allowed a Boy Scout group to erect a monument to fallen firefighters in 9/11 near the Ten Commandments display but has rejected Summum's request.

Francis Manion, attorney with the American Center for Law & Justice, which is representing both cities, argued in his brief that Summum has no ties to either community and that opening parks to monuments to create a "cemetery of permanent private monuments belonging to persons and groups with no connection to the city."

In court, Manion said Duchesne City did its best to avoid this problem by deeding the monument to a private party.

However, appellate judges expressed concern that this would allow city officials to control what speech is expressed in public parks by choosing who they will deed property to for private monuments.

One judge said the move seems to be "putting form over substance" and seems more discriminatory than keeping the Ten Commandments on public property.