A Texas appeals court heard arguments today concerning a challenge to a 50-year-old monument set on the grounds of the Harris County courthouse.
The glass-topped display was donated in 1956 by the Star of Hope Mission to commemorate philanthropist William Mosher's dedication to helping Houston's homeless. The monument -- located among other memorials and historical markers -- displayed an open Bible that depicted the motivation for Mosher's generosity.
Americans United for Separation of Church and State (AU) filed suit several years ago, arguing that the monument indicates a state endorsement of a specific religion.
A 2004 court order prompted the removal of the Bible. Last fall, a three-judge panel of the 5th U.S. Circuit Court of Appeals ruled the monument unconstitutional. That ruling was vacated so the entire 16-judge court could rehear the case.
Kelly Shackelford, chief counsel for Liberty Legal Institute, filed a brief on behalf of the Mosher family.
"Excising religious symbols from memorials to those deceased is not constitutional, it is disgraceful," he said. "Such religious hostility and religious cleansing of our monuments and memorials is not the law in this country and hopefully never will be."
