The Texas state capitol’s 22 acres were dedicated on May 16, 1888. Since then, at least 17 monuments and statues have been placed on the capitol grounds, the first of which being placed in 1891. Early in 1961, the Fraternal Order of Eagles, a non-profit organization that donates to diabetes, cancer, and children’s funds, among other charities, gave a granite monument of the Ten Commandments, which was about six-feet high and three-and-a-half feet wide, to the state. In accepting the monument, the Texas State government passed a joint resolution to recognize the Eagles for their work relating to juvenile delinquency. In the center of the monument is a large display of the Commandments, and above the text are two small tablets with ancient
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It is the only religious message and makes a clear religious statement, and since it is on government property sends the message of governmental approval. If the government does put religious displays on its property, must do so in a way not to favor a certain religion. The arguments for Perry and the state of Texas include that the monument’s purpose is not religious but has a secular message, that it also is a moral code, and influenced Western law. The monument had also been placed at the state capital for more then four decades before it was ever legally challenged. Because the monument was part of a group of several displays in a “museum-like” setting, it is a celebration of Texas history, events, and beliefs. The monument needs very little maintenance and was completely paid for by the Fraternal Order of Eagles. In addition, the disclaimer crediting the Eagles with the donation is enough to overcome an Establishment Clause challenge. Also, the monument has been on the grounds for more than 40 years and nothing about it would lead a passer by to believe the State of Texas was endorsing or promoting religion by having it as part of the group of monuments. No one monument stood out, and, in fact, the Ten Commandments monument was smaller than most of the other
It is the only religious message and makes a clear religious statement, and since it is on government property sends the message of governmental approval. If the government does put religious displays on its property, must do so in a way not to favor a certain religion. The arguments for Perry and the state of Texas include that the monument’s purpose is not religious but has a secular message, that it also is a moral code, and influenced Western law. The monument had also been placed at the state capital for more then four decades before it was ever legally challenged. Because the monument was part of a group of several displays in a “museum-like” setting, it is a celebration of Texas history, events, and beliefs. The monument needs very little maintenance and was completely paid for by the Fraternal Order of Eagles. In addition, the disclaimer crediting the Eagles with the donation is enough to overcome an Establishment Clause challenge. Also, the monument has been on the grounds for more than 40 years and nothing about it would lead a passer by to believe the State of Texas was endorsing or promoting religion by having it as part of the group of monuments. No one monument stood out, and, in fact, the Ten Commandments monument was smaller than most of the other