James W. GREEN, an individual; American Civil Liberties Union of Oklahoma, a non-profit corporation, Plaintiffs-Appellants,
v.
HASKELL COUNTY BOARD OF COMMISSIONERS, also known as Board of County Commissioners of Haskell County, Oklahoma; Kenny Short, in his official capacity as Chairman of the Haskell County Board of Commissioners, Defendants-Appellees,
Mainstream Baptist Network; Oklahoma Mainstream Baptists; Americans United for Separation of Church and State; American Center for Law and Justice; The National Legal Foundation; American Legion # 182; and Foundation for Moral Law, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 8, 2009.
June 8, 2009.
Attorney(s) appearing for the Case
Daniel Mach, American Civil Liberties Union Foundation, Washington, D.C. (Lane Dilg, American Civil Liberties Union Foundation, Washington, D.C.; Micheal Salem, Salem Law Offices, Norman, OK; Tina L. Izadi, American Civil Liberties Union of Oklahoma Foundation, Oklahoma City, OK, with him on the briefs), for Plaintiffs-Appellants.
Kevin H. Theriot (Joel L. Oster, with him on the brief), Alliance Defense Fund, Leawood, KS, for Defendants-Appellees.
Harry F. Tepker, University of Oklahoma Law Center, Norman, OK, filed an amicus curiae brief for Mainstream Baptist Network and Oklahoma Mainstream Baptists in support of Plaintiffs-Appellants.
Ayesha N. Khan, Richard B. Katskee, and Heather L. Weaver, Americans United for Separation of Church and State, Washington, D.C., filed an amicus curiae brief for Americans United for Separation of Church and State in support of Plaintiffs-Appellants.
Jay Alan Sekulow, American Center for Law & Justice, Washington, D.C.; Francis J. Manion and Geoffrey R. Surtees, American Center for Law & Justice, New Hope, KY, filed an amicus curiae brief for American Center for Law and Justice in support of Defendants-Appellees.
Philip B. Onderdonk Jr., The American Legion, Indianapolis, IN; Kelly J. Shackelford and Hiram S. Sasser III, Liberty Legal Institute, Plano, TX, filed an amicus curiae brief for The American Legion # 182 in support of Defendants-Appellees.
Steven W. Fitschen and Barry C. Hodge, Virginia Beach, VA, filed an amicus curiae brief for The National Legal Foundation in support of Defendants-Appellees.
Roy S. Moore, Gregory M. Jones, and Benjamin D. DuPré, Foundation for Moral Law, Montgomery, AL, filed an amicus curiae brief for Foundation for Moral Law in support of Defendants-Appellees.
Before HARTZ, O'BRIEN, and HOLMES, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HOLMES, Circuit Judge.
Defendant-Appellee Haskell County Board of Commissioners approved a constituent's request to erect a monument displaying the Ten Commandments (hereinafter the "Monument") on the lawn of the county courthouse in Stigler, Oklahoma. Plaintiffs-Appellants James Green, a Haskell County resident, and the American Civil Liberties Union ("ACLU") of Oklahoma filed suit against the Haskell County Board of Commissioners...
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