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SJM119...............................................by JUDICIARY AND RULES
TEN COMMANDMENTS DISPLAY - Stating findings of the Legislature and
requesting that Congress adopt S 520 and HR 1070 relating to limiting the
jurisdiction of the federal courts relating to matters involving the
acknowledgment of God as the sovereign source of law, liberty or
government.
03/02 Senate intro - 1st rdg - to printing
03/03 Rpt prt - to 10th Ord
03/08 10th Ord - ADOPTED - 25-5-5
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burtenshaw,
Cameron, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hill, Jorgenson, Keough, Little, Lodge, McGee, McKenzie,
Pearce, Richardson, Sweet, Williams
NAYS -- Burkett, Coiner, Kelly, Malepeai, Stegner
Absent and excused -- Langhorst, Marley, Schroeder, Stennett, Werk
Floor Sponsor - Sweet
Title apvd - to House
03/09 House intro - 1st rdg - Held at Desk
03/14 Ref'd to St Aff
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/24 3rd rdg - ADOPTED - 53-11-6
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(23), Garrett, Hart, Harwood, Henderson, Lake,
Loertscher, Mathews, McGeachin, McKague, Miller, Moyle, Nielsen,
Nonini, Raybould, Ring, Roberts, Rydalch, Sali, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(24), Smylie,
Snodgrass, Stevenson, Wood, Mr. Speaker
NAYS -- Henbest, Jaquet, Kemp, LeFavour, Martinez, Mitchell,
Pasley-Stuart, Pence, Ringo, Rusche, Sayler
Absent and excused -- Boe, Clark, Field(18), Smith(30), Trail, Wills
Floor Sponsor - Sali
Title apvd - To Senate
03/27 To enrol
03/28 Rpt enrol - Pres signed
03/29 Sp signed
03/30 To Secretary of State
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE JOINT MEMORIAL NO. 119
BY JUDICIARY AND RULES COMMITTEE
1 A JOINT MEMORIAL
2 TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES IN CONGRESS
3 ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION REPRESENTING THE STATE OF
4 IDAHO IN THE CONGRESS OF THE UNITED STATES.
5 We, your Memorialists, the Senate and the House of Representatives of the
6 State of Idaho assembled in the Second Regular Session of the Fifty-eighth
7 Idaho Legislature, do hereby respectfully represent that:
8 WHEREAS, on Monday, June 27, 2005, the U.S. Supreme Court concluded in two
9 razor thin majorities of 5-4 that it is consistent with the First Amendment to
10 display the Ten Commandments in an outdoor public square in Texas but not on
11 the courthouse walls of two counties in Kentucky; and
12 WHEREAS, many Americans are deeply puzzled as to how the U.S. Supreme
13 Court could produce two opposite results involving the same Ten Commandments;
14 and
15 WHEREAS, it is appropriate to observe that based on the Kentucky decision
16 it is permissible to display the Ten Commandments in a county courthouse pro-
17 vided that you do not believe in God; and
18 WHEREAS, in the Kentucky case, Justice Scalia used the following words to
19 emphasize the importance of the Ten Commandments to most Americans:
20 "The three most popular religions in the United States, Christianity,
21 Judaism, and Islam - which combined account for 97.7% of all believers -
22 are monotheistic .... All of them, moreover (Islam included), believe that
23 the Ten Commandments were given by God to Moses, and are divine prescrip-
24 tions for a virtuous life."; and
25 WHEREAS, very recent polling data by a major Washington, D.C., paper
26 revealed that a huge majority of the American people support posting the Ten
27 Commandments:
28 "Seventy percent of Americans would have no objection to posting the Ten
29 Commandments in government buildings, and eighty-five percent would
30 approve if the Commandments are included as "one document among many his-
31 torical documents" when displayed in public buildings, according to a sur-
32 vey conducted for the First Amendment Center."; and
33 WHEREAS, S 520 and HR 1070 are federal bills that will allow the display
34 of the Ten Commandments in public places in America, providing in relevant
35 part as follows:
36 "Notwithstanding any other provision of this chapter, the Supreme Court
37 shall not have jurisdiction to review, by appeal, writ of certiorari, or
38 otherwise, any matter to the extent that relief is sought against an
39 entity of Federal, State, or local government, or against an officer or
40 agent of Federal, State, or local government (whether or not acting in
41 official or personal capacity), concerning that entity's, officer's, or
42 agent's acknowledgment of God as the sovereign source of law, liberty, or
43 government."; and
44 WHEREAS, hearings were held on the same language in June 2004 in the Con-
2
1 stitution, Civil Rights and Property Rights Subcommittee of the Senate Judi-
2 ciary Committee and hearings were also held on this language in September 2004
3 in the Courts Subcommittee of the House Judiciary Committee; and
4 WHEREAS, Chief Justice Rehnquist in the Texas case used these words to
5 describe the obvious duplicity of the U.S. Supreme Court in telling local gov-
6 ernments in America that they cannot display the Ten Commandments in local
7 buildings in their communities while at the same time allowing these same Ten
8 Commandments to be present on these specific places on the building housing
9 the U.S. Supreme Court:
10 "Since 1935, Moses has stood, holding two tablets that reveal portions of
11 the Ten Commandments written in Hebrew, among other lawgivers in the south
12 frieze. Representations of the Ten Commandments adorn the metal gates lin-
13 ing the north and south sides of the Courtroom as well as the doors lead-
14 ing into the Courtroom. Moses also sits on the exterior east facade of the
15 building holding the Ten Commandments tablets."; and
16 WHEREAS, the Kentucky decision will be used by litigants who want to
17 remove God from the public square in America and sooner or later, this effort
18 will take place in our states. Reports have indicated that it is now underway
19 in at least twenty-five different places in America, namely, to require the
20 removal of the Ten Commandments from public buildings or public parks.
21 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
22 sion of the Fifty-eighth Idaho Legislature, the Senate and the House of Repre-
23 sentatives concurring therein, that the Legislature requests Congress to adopt
24 S 520 and HR 1070 and in so doing protect the ability of the people of Idaho
25 to:
26 (1) Display the Ten Commandments in public buildings and places in our
27 states;
28 (2) Express their faith in public;
29 (3) Retain God in the Pledge of Allegiance;
30 (4) Retain "In God We Trust" as our national motto; and
31 (5) Utilize Article 3, 2.2 of the U.S. Constitution to except these areas
32 from the jurisdiction of the U.S. Supreme Court.
33 BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is
34 hereby authorized and directed to forward a copy of this Memorial to the Pres-
35 ident of the Senate and the Speaker of the House of Representatives of Con-
36 gress, and the congressional delegation representing the State of Idaho in the
37 Congress of the United States.
STATEMENT OF PURPOSE
RS 16141
This Senate Joint Memorial requests that the United States
Congress adopt S520 and HR1070, and in so doing, provide the
following protections; the ability of the people of Idaho to
Display the Ten Commandments in public buildings and express
their faith in public, retain "God" in the Pledge of Allegiance,
and retain "In God We Trust" as our national motto.
FISCAL IMPACT
There will be no fiscal impact.
Contact
Mr. Bryan Fischer, the Idaho Values Alliance
Phone: 841-2546
Sen. Gerry Sweet
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE SJM 119