This article needs additional citations for verification .(April 2010) |
Green v. Haskell County Board of Commissioners | |
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Court | United States Court of Appeals for the Tenth Circuit |
Full case name | James W. Green v. Haskell County Board of Commissioners |
Decided | June 8, 2009 |
Citation(s) | 568 F.3d 784 |
Case history | |
Subsequent history | Rehearing en banc denied, 574 F.3d 1235 (10th Cir. 2009); cert. denied, 130 S.Ct. 1687 (2010) |
Court membership | |
Judge(s) sitting | Harris L. Hartz, Terrence L. O'Brien, Jerome A. Holmes |
Case opinions | |
Majority | Holmes, joined by a unanimous panel |
Laws applied | |
U.S. Const. amend. I |
Green v. Haskell County Board of Commissioners, 568 F.3d 784 (10th Cir. 2009), [1] was a First Amendment case concerning the placing of a Ten Commandments monument on public property, an alleged violation of the separation of church and state.
The case involved the presence of a Ten Commandments monument on the Haskell County, Oklahoma Courthouse lawn. Since the lawn is public property, James Green, a local resident, felt that the monument's presence was, ipso facto, a violation of the First Amendment's separation of church and state. With the support of the American Civil Liberties Union (ACLU), Green sued in 2004 to have the monument removed.
The United States Court of Appeals for the Tenth Circuit ruled in Green v. Haskell County Board of Commissioners that the monument must be removed from the courthouse lawn. Federal Judge Ronald A. White allowed the monument to remain whilst the Haskell county commissioners appealed the Tenth Circuit's decision, but the order for its removal became enforceable when the Supreme Court of the United States declined to hear the case on March 1, 2010. [2] As Commissioner Kenny Short put it, "It will have to go. There's no getting around that now."[ citation needed ]
Though the county employees tasked with preparing the monument for removal were heckled by locals, the monument was eventually moved to the lawn of the American Legion (where it still rests), only a few feet away from the courthouse.[ citation needed ]
According to the July 7 and July 14 editions of the Stigler News Sentinel, the ACLU, led by Joanne Bell, requested $250,000 in court fees from Haskell County. The Haskell County Board of Supervisors acquiesced, agreeing to pay the $250,000 over a 10-year period.
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". The ACLU works through litigation and lobbying, and has over 1,800,000 members as of July 2018, with an annual budget of over $300 million. Affiliates of the ACLU are active in all 50 states, the District of Columbia, and Puerto Rico. The ACLU provides legal assistance in cases where it considers civil liberties to be at risk. Legal support from the ACLU can take the form of direct legal representation or preparation of amicus curiae briefs expressing legal arguments when another law firm is already providing representation.
Haskell County is a county located in the southeast quadrant of the U.S. state of Oklahoma. As of the 2010 census, the population was 12,769. Its county seat is Stigler. The county is named in honor of Charles N. Haskell, the first governor of Oklahoma.
Stigler is a city in and county seat of Haskell County, Oklahoma. The population was 2,685 at the time of the 2010 census, down from 2,731 recorded in 2000.
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Other source materials: Stigler News Sentinel of 3/11/2010, 3/18/2010, 7/7/2010 and 7/14/2010.