Edmondson: Expect Commandments Challenge
Attorney General Drew Edmondson said today he expects a legal challenge to the new law that provides for a Ten Commandments monument at the Capitol.
His comments came after a decision Monday by a federal appeals court in Denver declaring that a Ten Commandments monument at a courthouse in Stigler is unconstitutional because its primary effect is to endorse religion.
Rep. Mike Ritze, R-Broken Arrow, is the author of House Bill 1330, which calls for a privately funded monument on the Capitol grounds. Governor Henry signed it into law.
In a statement, Ritze said he believes Oklahoma's monument will withstand a legal challenge because his bill was modeled after a Texas law that withstood a challenge in the U.S. Supreme Court.
But Edmondson told the Tulsa World that Oklahoma's proposed monument more resembles the Haskell County monument than it does the Texas case.
The Texas monument was part of an array of monuments dealing with history and the law, Edmondson said. It was placed by a fraternal organization. Such was not he case in Haskell County, he said.
Edmonson added it is premature to say how a defense to an anticipated legal challenge would be handled. The law says an outside group can handle the defense.
He said even if an outside group provided legal services free, if the state looses, the plaintiff's attorneys could collect legal fees. The group or entity responsible for those fees would need to be worked out, he said.
"We are obligated to defend this statute," Edmondson said. "The Attorney General's Office is committed to do that. I think the question is how far does that defense go? Do we stop at district court? Do we stop at the 10th Circuit or do we take it all the way to the Supreme Court? Each step would add to the potential cost of the defense."
Ritze said that the Haskell County case does not affect efforts to erect a monument at the Capitol. He said that the monument is meant to recognize the historical foundation the Ten Commandments have in modern law.
His comments came after a decision Monday by a federal appeals court in Denver declaring that a Ten Commandments monument at a courthouse in Stigler is unconstitutional because its primary effect is to endorse religion.
Rep. Mike Ritze, R-Broken Arrow, is the author of House Bill 1330, which calls for a privately funded monument on the Capitol grounds. Governor Henry signed it into law.
In a statement, Ritze said he believes Oklahoma's monument will withstand a legal challenge because his bill was modeled after a Texas law that withstood a challenge in the U.S. Supreme Court.
But Edmondson told the Tulsa World that Oklahoma's proposed monument more resembles the Haskell County monument than it does the Texas case.
The Texas monument was part of an array of monuments dealing with history and the law, Edmondson said. It was placed by a fraternal organization. Such was not he case in Haskell County, he said.
Edmonson added it is premature to say how a defense to an anticipated legal challenge would be handled. The law says an outside group can handle the defense.
He said even if an outside group provided legal services free, if the state looses, the plaintiff's attorneys could collect legal fees. The group or entity responsible for those fees would need to be worked out, he said.
"We are obligated to defend this statute," Edmondson said. "The Attorney General's Office is committed to do that. I think the question is how far does that defense go? Do we stop at district court? Do we stop at the 10th Circuit or do we take it all the way to the Supreme Court? Each step would add to the potential cost of the defense."
Ritze said that the Haskell County case does not affect efforts to erect a monument at the Capitol. He said that the monument is meant to recognize the historical foundation the Ten Commandments have in modern law.
Labels: Drew Edmondson, Mike Ritze, Ten Commandments Monument
posted by Mike McCarville @ 4:16 PM
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