Kelly McGinley, a Christian radio broadcaster in Mobile, Alabama, sued over the removal of a monument of the Ten Commandments on the grounds that the empty space left behind acted as a monument to “nontheism,” thus violating the Establishment Clause of the First Amendment. It will be no surprise that the lawsuit was dismissed at the district court level and that the dismissal was affirmed by the Eleventh Circuit. (Stan Bailey, “Judges say monument lawsuit lacks merit”, Birmingham News, Mar. 6; McGinley v. Houston).
Lawsuit: illegal to create “empty space”
Kelly McGinley, a Christian radio broadcaster in Mobile, Alabama, sued over the removal of a monument of the Ten Commandments on the grounds that the empty space left behind acted as a monument to “nontheism,” thus violating the Establishment Clause of the First Amendment. It will be no surprise that the lawsuit was dismissed at […]
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