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Saturday, March 17, 2001

The 6th U.S. Circuit Court of Appeals split 9-4 on the decision, which overturned an earlier ruling by a three-judge panel.

Writing for the majority, U.S. Circuit Judge David A. Nelson said the motto "does not purport to compel belief or acquiescence. It does not command participation in any form of religious exercise. It does not assert a preference for one religious denomination or sect over others, and it does not involve the state in the governance of any church."

Rather, Nelson wrote, the motto, adopted more than four decades ago, is a sentiment shared by Ohio residents who believe in "ceremonial deism."

Controversy over the motto arose in 1997 when former Gov. George Voinovich ordered the phrase engraved in front of the Capitol walkway.

American Civil Liberties Union had argued the Ohio motto differs from other examples of ceremonial deism because it comes directly from the Christian Bible. The national motto, "In God We Trust," may have religious overtones, but it comes from a stanza of "The Star-Spangled Banner."

Finally – What the Establishment Clause Means

"Upon reconsideration we have concluded that the Ohio motto does not violate the Establishment Clause," the court ruled.

The court noted that the Constitution's prohibition against the "establishment of religion" merely bans the adoption of a national religion.

"The provision was not understood as prohibiting the state from merely giving voice, in general terms, to religious sentiments widely shared by those of its citizens who profess a belief in God," the court said.

The court called the motto "a symbol of common identity," which serves "an important secular purpose – re-enforcing the citizen's sense of membership in an identifiable state or nation."

In his dissent, U.S. Circuit Judge J. Merritt said Nelson made two mistakes in his interpretation, by using selective quotations from the 18th and 19th centuries as historical evidence and by trying to show that Christ's message was no more than "innocuous 'secular aphorism.' "

"To say that Christ's words 'with God, all things are possible' is merely a symbol of hope, inspiration and good luck, like buckeye, is as plausible as saying that the cross, the symbol of Christ's death and resurrection to save mankind, is not uniquely Christian because crucifixion was a common means of execution in Rome or that the Star of David is not uniquely Jewish because the hexagram also appeared in Islamic art during the Middle Ages," Merritt wrote.

Copyright 2001 by United Press International. All rights reserved.

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