Georgia County Government - July 2008 - (Page 31)

purpose of the introduced bill as well as conversations, debates and public statements made by the sponsors of the bill and those involved in making it into law. See McCreary, 545 U.S. at 862. The content of the legislation also is a consideration in the objective observer analysis. In McCreary, the Supreme Court not only looked to the selected documents in its analysis but also looked to historic legal documents that were missing from the authorized displays. 545 U.S. at 872-73. The Court found it “odd” that a collection of foundational American documents would fail to include the Constitution of the United States and the Fourteenth Amendment while including the Magna Carta. Id. While the Court found this to be “baffl ing,” apparently the Georgia Legislature did not being that § 45-13-51 also includes the Magna Carta in its authorized display while failing to include the U.S. Constitution and the Fourteenth Amendment. See O.C.G.A. § 45-13-51(c). The Court in McCreary also was perplexed by the posted explanation that the Ten Commandments influence is “clearly seen in the Declaration of Independence.” 545 U.S. at 873. The Georgia Legislature also adopted this language to be posted as part of the display. See O.C.G.A. § 45-13-51(d). Since such issues gave the Court pause once, it is certain to be a relevant factor to be considered in determining the legality of the Georgia statute. The objective observer analysis also looks to the application of the law in question when determining whether the government has acted with a secular purpose. In McCreary, the Supreme Court took note that a county executive was accompanied by his pastor for the ceremony introducing the Ten Commandments display. 545 U.S. at 869. In so doing, the Supreme Court concluded that a reasonable observer would find the counties intended to “emphasize and celebrate the Commandments’ religious message.” Id. Going forward, government officials choosing to put historical displays in Georgia courthouses would be well advised to take measures to ensure their message is a secular one consisting of history and law rather than faith and religion. For even if the hidden motive of a government official is a religious one, “[a] secret motive stirs up no strife and does nothing to make outsiders of nonadherents.” McCreary, 545 U.S. at 863. When government officials are discussing whether to put up a historical display, any conversations revealing a religious motive could later be seized upon by a challenger to the display. The same holds true for government officials presenting a religious message either through their own words or through the words of religious speakers at dedication ceremonies. Awareness of the message being sent through the words and actions of government officials is so important because in establishment clause analysis “detail is key.” Id. at 867. ■ Paul Koster is managing partner of Daley, Koster & LaVallee, LLC, where he focuses his practice on the areas of governmental law, employment law and general litigation. Greg Reybold is a May 2008 graduate of Emory University School of Law. Dust Control - Road Stabilization Liquid Calcium Chloride is an inexpensive and cost-effective alternative to paving and lasts far longer than any other materials used to control dust and stabilize unpaved roads. Among its many benefits, Calcium Chloride: • Cuts grading costs as much as 50 percent • Reduces the replacement cost of gravel and other materials by up to 80 percent • Leads to a 60 percent reduction in compaction effort on loose granular surfaces • Produces cost savings up to 50 percent Cl Ca Cl (Liquid Calcium Chloride) 453 Columbia Ind. Blvd. P.O. Box 1058 Evans, GA 30809 Web Page: www.calciumchloride.com (706) 860-1893 • 1-800-447-3781 (706) 855-9868 fax E-mail: richie@csranet.com LIQUIDOWTM JULY 2008 www.accg.org 31 http://www.calciumchloride.com http://www.accg.org

Table of Contents Feed for the Digital Edition of Georgia County Government - June 2008

Georgia County Government - June 2008 Contents President’s Message County Matters Laurens, Treutlen and Wheeler Counties Work Together to Leverage Economic Development 2008 Hurricane Season Forecast to be Active GDEcD: Georgia Is Bolstering International Marketing Efforts U.S. Communities Announces Auto Parts Service Contract Energy Innovation Center Opens in Warner Robins Coweta County Uses Innovative Road Construction Techniques Counties & The Law: An Analysis of Ten Commandments Displays in Georgia Courthouses Georgia’s Grand Old Courthouses: Talbot County Extension News: Youth Summit Teaches Civic Engagement Research Corner: Train Me! NACo News: NACo Seeks Obesity Prevention Programs County Parade Index of Advertisers

Georgia County Government - June 2008

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