IN SOUTH CAROLINA High court ruling gives pending bill a
boost
By LEE BANDY Staff Writer
The U.S. Supreme Court ruling Monday on displaying the Ten
Commandments on public property might have been what state Sen. Mike
Fair needed to get his measure off dead center.
It has been languishing in the Senate Judiciary Committee since
April and won’t be taken up until next year.
“The court decision today won’t hurt” in getting it moving, said
Fair, R-Greenville, chief architect of the Senate bill to allow the
display of the Ten Commandments on government property.
The high court held that displays of the Ten Commandments on
government property are not inherently unconstitutional. But each
exhibit demands scrutiny to determine whether it amounts to a
governmental promotion of religion.
Fair said his legislation meets the high court’s test.
His legislation would allow the words to be displayed “along with
other documents of historical significance that have formed and
influenced the United States’ legal or governmental system.”
The House adopted the measure by an overwhelming margin this
year. It would allow any state entity — from schools to the state
Supreme Court and the National Guard — to display the Ten
Commandments.
The House bill was written based on a 1989 Supreme Court ruling
that said such displays would be constitutional because they include
secular images in a way that doesn’t endorse religion.
The attorney for South Carolina’s chapter of the American Civil
Liberties Union said Monday’s high court ruling backs their
contention the Ten Commandments should not be displayed alone.
“We’re very happy about it because we think the Ten Commandments
are inherently religious,” Denyse Williams said.
Williams said she hopes the ruling will not encourage activists
to test the court’s decision unless displays are generic and clearly
for historic purposes.
“If the purpose is religious, it’s not going to have a chance of
staying there,” Williams said, adding that the text of the
commandments are particularly difficult to present as not being
religious.
Fair is not without his concerns.
As a Christian, Fair said he is not sure the Legislature would be
doing a service to the nation’s Judeo-Christian traditions by
putting the Ten Commandments on the same level with other historical
documents.
“I clearly believe that the commandments are superior ... They
have no equal,” he argued.
Fair said he has received every assurance his measure will be at
the top of the committee agenda next year.
“I don’t know if it will pass, but I think it will,” he said.
Staff writer Clif LeBlanc contributed to this report. Reach Bandy
at (803) 771-8648 or lbandy@thestate.com. |