Pleasant Grove City v. Summum
Encyclopedia
Pleasant Grove City v. Summum, 555 U.S. 460
(2009), is a legal case heard by the United States Supreme Court on 12 November 2008 and decided on 25 February 2009. The court considered whether the municipality of Pleasant Grove, Utah
, which allows privately donated monuments, including one of the Ten Commandments
, to be displayed on public property, must also let the Summum
church put up its own statue, similar in size to the one of the ten commandments. Some court-watchers, including the New York Times editorial board, believe the Court should rule that the United States Constitution
does not allow government to favor one religion over another.
Arguing for the petitioner (the City of Pleasant Grove) was Jay Alan Sekulow
, chief counsel for the American Center for Law and Justice
(ACLJ), and for the Summum, attorney Pamela Harris of the firm O’Melveny & Myers. The ACLJ was expected to argue that there should be a distinction between government speech and private speech and though the government should have the right to display the 10 Commandments, it should not have to endorse all private speech.
s and menorah
s), and the government speech represented by permanent monuments. He opined that even long winded speakers eventually go home with their leaflets and holiday displays are taken down; but, permanent monuments endure and are obviously associated with their owners. Alito wrote, "cities and other jurisdictions take some care in accepting donated monuments." While Summum attempted to persuade the Court that preventing governments from selecting monuments on the basis of content would be tenable, Justice Alito noted that such a situation could put government in the position of accepting permanent monuments with conflicting messages, that do not represent the values and ideals of the community, or removing all monuments from public space. Alito also questioned whether, if the law followed the view expressed by Summum, New York City
would have been required to accept a Statue of Autocracy from the German Empire
or Imperial Russia
when it accepted the Statue of Liberty
from France
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2009), is a legal case heard by the United States Supreme Court on 12 November 2008 and decided on 25 February 2009. The court considered whether the municipality of Pleasant Grove, Utah
Pleasant Grove, Utah
Pleasant Grove, also known as "Utah's City of Trees", is a city in Utah County, Utah, United States. It is part of the Provo–Orem, Utah Metropolitan Statistical Area. The population was 33,798 at the 2008 census estimates.-History:...
, which allows privately donated monuments, including one of the Ten Commandments
Ten Commandments
The Ten Commandments, also known as the Decalogue , are a set of biblical principles relating to ethics and worship, which play a fundamental role in Judaism and most forms of Christianity. They include instructions to worship only God and to keep the Sabbath, and prohibitions against idolatry,...
, to be displayed on public property, must also let the Summum
Summum
Summum is a religion and philosophy that began in 1975 as a result of Claude "Corky" Nowell's claimed encounter with beings he described as "Summa Individuals"...
church put up its own statue, similar in size to the one of the ten commandments. Some court-watchers, including the New York Times editorial board, believe the Court should rule that the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
does not allow government to favor one religion over another.
Arguing for the petitioner (the City of Pleasant Grove) was Jay Alan Sekulow
Jay Alan Sekulow
Jay Alan Sekulow is an American attorney and radio talkshow host.-Education:Sekulow graduated cum laude from Mercer University, receiving both a bachelor's degree and a doctor of jurisprudence while serving as an editorial staff member of the Mercer Law Review. He also received a Ph.D...
, chief counsel for the American Center for Law and Justice
American Center for Law and Justice
The American Center for Law & Justice is a conservative Christian, pro-life group that was founded in 1990 by evangelical Pat Robertson.-History:...
(ACLJ), and for the Summum, attorney Pamela Harris of the firm O’Melveny & Myers. The ACLJ was expected to argue that there should be a distinction between government speech and private speech and though the government should have the right to display the 10 Commandments, it should not have to endorse all private speech.
Holding
On February 25, 2009, the Supreme Court ruled unanimously against Summum in the Pleasant Grove case. Justice Samuel Alito, in his opinion for the court, explained that a municipality's acceptance and acquisition of a privately funded permanent monument erected in a public park while refusing to accept other privately funded permanent memorials is a valid expression of governmental speech, which is permissible and not an unconstitutional interference with the First Amendment's guarantee of free speech. According to Alito, "the display of a permanent monument in a public park" is perceived by an ordinary and reasonable observer to be an expression of values and ideas of the government, the owner of the park and the monument, even though the particular idea expressed by the monument is left to the interpretation of the individual observer. Alito made a clear distinction between forms of private speech in public parks, such as rallies and temporary holiday displays (Christmas treeChristmas tree
The Christmas tree is a decorated evergreen coniferous tree, real or artificial, and a tradition associated with the celebration of Christmas. The tradition of decorating an evergreen tree at Christmas started in Livonia and Germany in the 16th century...
s and menorah
Menorah
The menorah is described in the Bible as the seven-branched ancient lampstand made of gold and used in the portable sanctuary set up by Moses in the wilderness and later in the Temple in Jerusalem. Fresh olive oil of the purest quality was burned daily to light its lamps...
s), and the government speech represented by permanent monuments. He opined that even long winded speakers eventually go home with their leaflets and holiday displays are taken down; but, permanent monuments endure and are obviously associated with their owners. Alito wrote, "cities and other jurisdictions take some care in accepting donated monuments." While Summum attempted to persuade the Court that preventing governments from selecting monuments on the basis of content would be tenable, Justice Alito noted that such a situation could put government in the position of accepting permanent monuments with conflicting messages, that do not represent the values and ideals of the community, or removing all monuments from public space. Alito also questioned whether, if the law followed the view expressed by Summum, New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...
would have been required to accept a Statue of Autocracy from the German Empire
German Empire
The German Empire refers to Germany during the "Second Reich" period from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871, to 1918, when it became a federal republic after defeat in World War I and the abdication of the Emperor, Wilhelm II.The German...
or Imperial Russia
Russian Empire
The Russian Empire was a state that existed from 1721 until the Russian Revolution of 1917. It was the successor to the Tsardom of Russia and the predecessor of the Soviet Union...
when it accepted the Statue of Liberty
Statue of Liberty
The Statue of Liberty is a colossal neoclassical sculpture on Liberty Island in New York Harbor, designed by Frédéric Bartholdi and dedicated on October 28, 1886...
from France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
.
See also
- List of United States Supreme Court cases, volume 555
- Van Orden v. PerryVan Orden v. PerryVan Orden v. Perry, 545 U.S. 677 was a case decided by the Supreme Court of the United States of America, involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Clause of the First Amendment.In a...
(2005) - McCreary County v. ACLU of KentuckyMcCreary County v. ACLU of KentuckyMcCreary County v. ACLU of Kentucky, , is a case which was argued before the Supreme Court of the United States on March 2, 2005. At issue is whether government-sponsored displays of the Ten Commandments in county courthouses violate the Establishment Clause of the First Amendment.In a suit...
(2005)