No rehearing in Summum case

The 10th Circuit Court of Appeals in Denver has denied a request for a larger rehearing on the issue of the Summum religious group's ability to erect a display next to displays of the Ten Commandments in the city parks of Duchesne and Pleasant Grove.

In a published opinion issued Friday evening, 10th Circuit judges were split 6-to-6 on whether to grant requests by Duchesne and Pleasant Grove cities to have all 12 of the 10th Circuit judges rehear the case.

Called an "En Banc" hearing, a panel of all 12 appellate judges can hear a case. Such a decision carries some heavy legal weight, which can impact other appellate courts across the country.

A three-judge panel of the 10th Circuit handed down a decision last April that determined that members of Summum had a right under the First Amendment of the U.S. Constitution to erect a display of its Seven Aphorisms next to displays of the Ten Commandments.

The ruling was similar to one the 10th Circuit issued in 2002 against Ogden City, forcing the city to relocate its display of the Ten Commandments onto nearby private property. All three city displays were donations from the Fraternal Order of Eagles many years ago.

Friday's tie vote lets stand the appellate court's decision

The group Summum claims its religion is based on traditions dating back to the ancient Egyptians.

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E-mail: gfattah@desnews.com