Recent Development by Jamie E. Mills
A monument to a local businessman located on the grounds of the Harris County Courthouse in Houston, Texas, was contested by a local attorney as having an unconstitutional religious purpose and effect because it displayed an open Bible. The monument was originally erected in 1956 by the Star of Hope Mission, a local Christian charity that supports the homeless. Star of Hope erected the monument as a memorial to William S. Mosher, a prominent Houston businessman who had been an active supporter of Star of Hope. Star of Hope was granted permission to place the monument on courthouse grounds, a location selected by the charity because of its “permanence and prominence.” The monument included an inscription and a glass case displaying an open Bible. The purpose of the Bible was to memorialize Mosher's Christian faith. The monument stood without official protest until 1988, when a group of atheists complained to the Harris County Commissioners Court and asked that the Bible be removed. No Bible was present in the monument from 1988 until 1995, and during this time the monument fell into disrepair. In 1995, Judge John Devine raised funds and gained permission from Harris County to refurbish the monument. A new Bible was placed in the monument, and red neon lights were added to illuminate the Bible. Star of Hope has maintained the monument since 1997 and periodically turns the pages of the Bible.
Kay Staley, an attorney and resident of Harris County, filed suit in federal court on August 25, 2003, requesting that the Bible be removed from the display case because she felt it advanced Christianity. The United States District Court for the Southern District of Texas entered judgment in Staley's favor on August 10, 2004, ordering that the Bible be removed from the monument because its purpose and effect were religious and thus its presence in the monument violated the Establishment Clause. Harris County appealed the district court's opinion, claiming the court erred in finding the monument violated the Establishment Clause. The United States Court of Appeals for the Fifth Circuit held that the primary purpose of the Mosher monument, which contained a Bible, was religious; therefore the monument violated the Establishment Clause. Staley v. Harris County, 461 F.3d 504, 515 (5th Cir. 2006).
About the Author
Jamie E. Mills. J.D. candidate 2008, Tulane University School of Law; B.S. 2005, Texas Tech University; B.A. 2005, Texas Tech University.
Citation
81 Tul. L. Rev. 1703 (2007)