Supreme Court rules in religious marker case

Published: Wednesday, Feb. 25 2009 10:09 a.m. MST

The U.S. Supreme Court has ruled unanimously that Pleasant Grove cannot

be forced to place a Salt Lake City-based religious sect's "Seven

Aphorisms of Summum" in its park, even though the city already displays

other religious monuments like the Ten Commandments.

But an attorney for Summum told the Deseret News the fight was not over.

"We still have a trial in front of us, and the case is now morphed into

an Establishment Clause claim," said civil rights attorney Brian

Barnard, referring to an aspect of the First Amendment prohibiting

government from adopting a national religion.

"In order to protect themselves from free speech claim, they said it's

'government speech.' OK, you've painted yourself into a corner. If it's

your speech, now we have a problem because you just adopted the Ten

Commandments as your speech, and you're telling us you won't adopt the

aphorisms as your speech."

Barnard said the U.S. Supreme Court's ruling was limited in its scope,

and there is still another aspect of Summum's lawsuit still pending in

federal court in Salt Lake City.

The ruling handed down early Wednesday sides with Pleasant Grove, which

has several privately donated displays in Pioneer Park. They include a

monument to the Sept. 11 terror attacks, a stone from the first LDS

temple in Nauvoo, a historic granary, a wishing well and a Ten

Commandments display.

In 2003, Summum sought to place its "Seven Aphorisms," which outline

the sect's philosophy, in the park. It was rejected at first because

the city claimed that only displays that "either directly relate to the

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