A subcommittee of the Capitol Arts and Grounds Commission heard public testimony Wednesday for and against placing a Ten Commandments monument on the state Capitol grounds, even though the commission has already decided where the statue will go.
Act 1231 of 2015, sponsored by Sen. Jason Rapert, R-Bigelow, requires the commission to permit a Ten Commandments monument on the Capitol grounds.
"The great thing about your position is you don't have to decide whether you do put up this monument or not," Rapert told commissioners Wednesday. "The debate has already been had. The bill's already been passed. The governor's already signed the bill and it is the law of the state of Arkansas."
The commission previously decided that the monument would be placed near the southwest corner of the Capitol, near the grounds leading to the Arkansas Supreme Court. The 6,000-pound statue was built with private funds. It is in storage awaiting placement.
When Jim Linsley of Little Rock stood up for a second time toward the end of the hearing to make his case against the monument, Commissioner Tony Leraris of Fort Smith said his job is to follow the law.
When Linsley asked why the hearing was held, Leraris said state law requires a public discussion.
Linsley then asked, "For what end?"
"I really don't know," Leraris said.
Commissioner Melonaie Gullick of Conway added, "Everyone's comments mean something to us. We're listening to the comments, but we can't change the law."
Soon after, Gerry Schulze, a Little Rock lawyer, said commissioners do have an option.
"Every one of you took an oath to uphold and defend the constitution of the state of Arkansas and the United States of America. That is your obligation," he said. "You're being asked to perform an act that violates the constitution of the state of Arkansas or the constitution of the United States of America. Your oath requires you to recuse."
The commissioners present -- Leraris, Gullick and Kelly VanHook of Searcy -- did not respond to his comment.
The state constitution says: "No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other."
But multiple speakers in favor of the Ten Commandments monument, told commissioners they believed the text served as a basis for laws.
"I believe that the Ten Commandments are as much as a historical document to the United States of America as the Constitution and the Bill of Rights," said Toni Rose of Little Rock.
"It has every right to be on the grounds of our state Capitol and I would hope that our legislators -- as they walk these grounds -- will see the Ten Commandments and be reminded of their moral obligations to the citizens to whom they are responsible."
Others in favor of the monument said the state would be better off if the state were to follow the commandments.
"If this nation and this state were to observe the Ten Commandments and live in it, don't you believe this would be a much more peaceful nation? Don't you believe it would be a much more whole nation if there was no murder? 'Thou shalt not kill.' If there was no bearing false witness?" said Joshua Dye of Western Grove.
Those against the monument said it was clearly religious.
"You can tell that it's a religious motivation to have this commandment monument up," said Eugene Levy, a retired rabbi of Congregation B'nai Israel. "They spoke totally in religious terms."
Others said the Ten Commandments would inspire other types of monuments on the Capitol grounds.
"'I am the Lord your God. You shall have no gods except me' -- on the Capitol grounds," said Jeremy Brasher of Little Rock. "Do you want a Baphomet statue? Because that's how you get a Baphomet statue."
After lawmakers passed Act 1231, the New York-based Satanic Temple announced plans for an 8.5-foot-tall bronze statue of Baphomet. Later, the Saline Atheist & Skeptic Society filed a request for a brick wall to be constructed in front of both. Capitol Arts and Grounds Commission subcommittees will meet Jan. 25 to discuss the Baphomet statue and Feb. 9 to discuss the brick wall.
Representatives of the Society of Freethinkers and of the state chapter of the American Civil Liberties Union have promised lawsuits if any religious monuments are built on Capitol grounds, and they said lawmakers would be to blame for any attorneys' fees awarded to them.
About 50 people attended Wednesday's meeting. Eleven spoke in favor of the Ten Commandments monument. Sixteen were opposed. Some people stood up during the meeting and said they chose to submit written comments supporting the monument.
The U.S. Supreme Court handed down two decisions in 2005 that pertained to Ten Commandments displays.
In a 5-4 decision, the high court held in McCreary County v. American Civil Liberties Union that Ten Commandments displays needed to be removed from two Kentucky courthouses because they were erected along with other religious passages, and the religious motivations were clear.
But the same day, the court issued a separate 5-4 ruling in Van Orden v. Perry holding that the Texas state Capitol could keep its decades-old Ten Commandments monument because it conveyed historic and social meaning, and was merely one of several historical displays.
Metro on 12/15/2016