The Ten Commandments? Not in my court house.

Last night I had a discussion with a good friend about the Ten Commandments. More specifically, we discussed past issues of the commandments being displayed in public areas, such as court houses. This is an issue often brought up by believers to illustrate just how bad things have become in America. So, in the light of the Christmas season, I thought I might explain my reasons for siding with those who would take down the Ten Commandments.

I should note that I am not completely opposed to their display. The first amendment states: "Congress shall make no law respecting an establishment of religion..." So, we see that the first amendment does not say that the government can't talk about or touch anything involving religion. It simply states that the government is not allowed to "establish" religion. Therefore, the question becomes whether or not displaying the Ten Commandments is an establishment of religion. Therein lies the crux of the matter.

There is a difference between presenting something for historical purposes and promoting something in a religious context. It comes down to intent, which is a difficult thing to show. But, then again, that's why we have the courts.

This same issue was broached in a court case against the Dover, Pennsylvania school board recently. They got in trouble because the they prepared a statement that biology teachers were to read before their classes that promoted Intelligent Design. The ensuing court case centered around the question of whether the school board was trying to promote religion or if it was presenting a legitimate scientific theory. The judge found that the school board was in fact trying to establish religion. In other words, the statement wasn't necessarily the problem. The problem was the intentions of the school board. They could reinstate the statement, as long as they could prove that it has nothing to do with the desire to promote religion.

The same is the case with the Ten Commandments. I have a number of atheist friends and associates. They are reasonable folk who have no problem with the commandments in an historical context. But when the commandments are placed as a sign of support by the given court house, that is when they have a problem.

Another defense given of the commandments is that they are the basis upon which our law system is built. I had believed this for years, until one day I read the Ten Commandments with that in mind. I realized how little the Decalogue has to do with our current system of laws. Let's examine each of the commandments.

1. Thou shalt have no other Gods before me
2. Thou shalt not make for thyself an idol
3. Thou shalt not make wrongful use of the name of thy God
4. Remember the Sabbath and keep it holy
The first four commandments all deal with things that fall within our most cherished of rights, the freedom of religion. There are few, even among the most devote that would want these first four commandments to be instated as laws.

5. Honor thy Father and Mother
Yes, we think this is a good idea, but once again, not law worthy. And, we most definitely do not agree with this in the strict sense to which it was adhered at the time the commandments were given.

6. Thou shalt not murder
7. Thou shalt not commit adultery
8. Thou shalt not steal
9. Thou shalt not bear false witness
Now that we have reached number six, we have finally arrived at the realm of laws we can actually agree upon as a nation. Six and eight are definitely within the realm of our law system. Seven and nine are a little fuzzier. Although adultery and lying are not illegal they can, in certain situations, result in legal repercussions. Even though these commandments do fit into our law system, the implication that we got them from here is silly. A cursory reading of the Old Testament shows that these four commandments were acknowledged long before Moses brought them down on tablets of stone.

10. Thou shalt not covet
Well, number ten is basically the cornerstone of our American capitalist system.

So, as you can see, our government is not based upon the Ten Commandments. In fact there are only two in the whole ten which are actually legitimate laws which we respect today. Of course, the natural response is then, "See how far we've fallen?!" But, it would take a truly fanatical person to believe that we should instate the above ten items as actual laws.

Let's think about this as objectively as we are able. Do we really think that people are putting up the Ten Commandments simply for their historical context? If so, why don't we see more copies of the Magna Carta and the Code of Hammurabi hanging in court houses? Those are two documents that have very strong, clear connections to our American justice system, as opposed to the Ten Commandments, which clearly do not. Let's be honest with ourselves. The majority of cases where the Ten Commandments are put on display, it is for the religious message that they present. It is a statement of support for Judeo-Christianity. And when such is the case, we are falling quite clearly within the realms of the establishment clause.