South Dakota Attorney General Marty Jackley says his office is joining twenty other attorneys general in asking the US Supreme court to hear and clarify the Establishment Clause.
That clause prohibits the government from establishing an official religion.
The case originated in New Mexico, where a town established a monument of Moses’ Ten Commandments on city property.
The clarification needed, he says, is should erecting this type of religious display subject a city or county to litigation. Jackley says federal court decisions have muddied the waters on the Establishment Clause.
“They are all over the place and makes it difficult for local governments, and even state governments. We’ve seen this with prayer in our state legislature, and in other state legislatures. We just feel the court needs to set a very clear standard and one in which we believe allows a religious freedom to erect responsible and reasonable displays.”
Jackley is joining the other state attorneys general who seek the “freedom to erect, authorize, and maintain constitutional religious displays on public property” without the threat of lawsuits.
Jackley says signing on as a friend of the court does not cost the state any money.