I was invited today to go to a presentation by a judge addressing the importance of maintaining the presence of monuments of the Ten Commandments at courthouses across the country. Unfortunately, I think this is an issue which is largely much ado about nothing. Those monuments were originally placed as part of a marketing campaign for the movie, The Ten Commandments (you know, with Charlton Heston). The idea of having these monuments took on a life of its own, and many others were installed at courthouses. Personally, I don't believe that nearly 200 years worth of jurisprudence was less just or somehow less "correct" because these monuments weren't present. I similarly don't see any reason why our jurisprudence would be less just or "correct" if they're removed.
Furthermore, those who argue that their presence is important as a recognition of the influence of Judeo-Christian values on our jurisprudence are woefully misinformed. First, our common law heritage stems either from pre-Christian Saxon law, or on the interests of an invading and occupational force, i.e. the French conquest of the Saxons. Perhaps even a mix of these two. One would be hard pressed to argue that either is very Christian. Second, the very notion of a Constitution, written and enforced by a community which governs itself, stems from Enlightenment philosophy. The Enlightenment philosophers were, by and large, rejecting the Judeo-Christian tradition and exploring ancient "pagan" ideas. Thus, our Constitution was only influenced by the Judeo-Christian tradition to the extent that Enlightenment philosophers were reacting against it.
The only justification I can conceive of to care about their presence is that they are monuments to a historical and influential concept of justice. Of course, there are many such concepts of justice (the Hammurabi Code anyone?) which could equally be made into monuments alongside these monuments to the Ten Commandments. This would have the added effect of making our courthouses veritable monuments to justice, implying their natural extension from these historical manifestations of justice. However, I suspect those who want the Ten Commandments displayed at courthouses would be appalled at this notion. They simply want the rest of society to swallow their own religious notions because they're backed by the full force of the State. Whether I agree with their religious views or not, this impulse is just wrong.
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