You’ve got to hand it to the Chronicle — no matter how absurd their position, they dig in like nobody’s business. Certainly, the Chronicle has not advocated the judicious use of taxpayer dollars. They continually support frivolous projects such as sports stadiums and light rail, taking money away that could be used for, say, more police.
And yet in spite of this record, the Chron now waves its smelly finger at the Harris County Commissioners Court for fighting a lawsuit all the way to the Supreme Court over the propriety of the display of the Mosher Bible in front of the county courthouse. This one merits a substantial fisking:
In the case of the inappropriate and unconstitutional display of an open Bible outside the former Civil Courthouse on Fannin, Harris County Commissioners Court violated one of life’s most basic rules: When you find yourself in a hole you don’t want to be in, stop digging.
By foolishly and futilely appealing the case all the way to the U.S. Supreme Court, the commissioners tried to dig to China. As a result, the taxpayers are in the hole for what might be hundreds of thousands of dollars in legal fees.
The Chronicle has no ire for the plaintiffs for bringing this insipid case to begin with, of course. Just think about that for a moment. What you had here was a Bible in a case that belonged to William Mosher. It was placed there in 1956 in Mosher’s memory in recognition of his philanthropic work, which was largely driven by his religious beliefs.
Somebody saw that Bible, researched the fairly innocuous story of how the Bible came to be there, and yet was still so offended that they bothered to make a federal case of it. They convinced Judge Sim Lake — who, although a good jurist, reached the wrong result in this case — that the Bible was a “law respecting an establishment of religion” barred by the First Amendment as those words have been interpreted by more recent Supreme Court precedent.
And the plaintiffs moved for the county to pay their attorney’s fees. Ouch. Sim Lake granted the request.
Wait, and now it’s supposed to be the County that’s exclusively at fault here? They had the facts on their side. The monument wasn’t intended as an endorsement of Christianity, and I seriously doubt anybody who actually looked at the monument closely could have come away with that impression. Moreover, even granting that the monument could be considered suspect, the fact remains that I and many other attorneys completely disagree with existing Supreme Court precedent and its highly dubious view of the establishment clause. I am very pleased that the County worked to change it (which was not a fool’s errand, because the makeup of the Court has shifted in recent years).
County Judge Ed Emmett and Commissioner Steve Radack — imagine them as an American Gothic couple holding large shovels — just don’t get it. Both said they would like to display the monument and its Bible somewhere on county property. Emmett said some court rulings were just silly.
Would the county let other faith-based organizations display their holy writ on county property? If not, it would be guilty not only of promotion of one religion, but also discrimination against others.
I’m sure if a member of some other faith was as philanthropic and dedicated as William Mosher, the County would have considered such a display. In any case, that’s a purely theoretical question and had no bearing whatsoever on the case.
Moreover, I would note that the founding fathers themselves held Christian Mass in the Capitol building and had (and still have) a Christian chaplain for the Congress. The fact is that the First Amendment was never, ever intended to prevent the government from endorsing Christianity with various displays; rather, it was intended as a bulwark against the establishment of a state religion akin to the Anglican Church in Britain. Only very recent Supreme Court precedent — from the Warren Court forward — endorses the stupid, unreasonable view that the Establishment Clause to the First Amendment is so restrictive. It’s wrong and it has caused a major rift between people of faith and the Supreme Court. That’s far more unhealthy and divisive than a Bible in a box outside of a courthouse.
What purpose would the displays serve? What would be the point of inviting such controversy?
The members of Commissioners Court, with their perverse persistence in wanting to violate the First Amendment’s prohibition against government establishment of religion, are the ones who are being silly, at great expense. For those who start out in the wrong, persistence is no virtue.
Please. Unless you’ve been asleep for the past forty years, you know the controversy is there. The Commissioners Court didn’t create the controversy; it merely brought it to the surface, which in my opinion is where it belongs. All the Commissioners Court was violating is the anti-religious, errant precedent of a Court that shifted too far to the left, and is just now coming back to the center (and hopefully to the right, with the next appointment).
It’s the Chronicle that’s wrong here. That’s why they don’t even try to argue the merits in this or any other editorial.