Saturday, March 17, 2001
Ohio's motto constitutional, federal court rules
Supreme Court might get appeal
By Dan Horn
The Cincinnati Enquirer
Ohio's motto is constitutional again, at least for now. The U.S. Court of Appeals for the 6th Circuit in Cincinnati ruled Friday that the motto With God, all things are possible did not violate the constitutional separation of church and state.
The ruling reverses a decision by a panel of judges that declared the motto unconstitutional.
Opponents of the motto say they hope to appeal the decision to the U.S. Supreme Court. If the high court agrees to hear the case, the constitutional arguments on both sides will begin again.
The motto case already has been the subject of three court rulings.
In the 9-4 decision Friday, the majority concluded that Ohio's motto is no different from other traditional, ceremonial references to God, such as the national motto of In God We Trust.
The motto involves no coercion. It does not purport to compel belief or acquiescence, Judge David A. Nelson wrote in the majority opinion. It does not assert a preference for one religious denomination or sect over others.
But the four dissenting judges said the motto vio lates the constitutional ban on the government's establishment of a religion.
The dissenters said the motto, taken from Matthew 19:26 in the New Testament, is a uniquely Christian phrase that illustrates Ohio's adoption of Christ's words.
In his dissenting opinion, Judge Gilbert S. Merritt wrote that the state motto differs from the national motto because In God We Trust might refer to any of the gods of the world's vast pantheon of divinity.
The state should not align itself with Jesus Christ, Judge Merritt wrote. Yet that is precisely what Ohio has done, in big bronze letters in the Capitol Square.
The motto, which has been engraved on the square for four years, was adopted by the legislature in 1959. The motto was suggested by a 12-year-old Cincinnati boy, Jim Mastronardo, after he learned that Ohio was the only U.S. state without an official motto.
The American Civil Liberties Union filed the lawsuit opposing the motto in 1997. The Ohio attorney general's office defended the motto in court.
This issue has touched a deeply personal nerve with many Ohioans, Attorney General Betty Montgomery said Friday. The motto is a simple statement of faith and hope for many people of many faiths.
ACLU attorney Mark Cohn said he will discuss the ruling with his clients before deciding whether to appeal to the U.S. Supreme Court. He said the court ruling Friday is a blow to the separation of church and state.
They keep making inroads into making Christianity the established religion of the state of Ohio, Mr. Cohn said. The place for religion is in our hearts, our churches and our homes. Not our statehouse.
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