FRANKFORT — On the day before Election Day in Kentucky, a King James version of the Ten Commandments is on display for public viewing in the state Capitol Rotunda, along with other historic documents Gov. Ernie Fletcher calls the “Foundations of American Law and Government” display.
The 10 framed documents on easels around the Rotunda were put on display by an order from Fletcher late this morning after a federal judge ruled that it is not covered by a previous injunction.
“The ‘Foundations’ display contains a variety of historically significant documents which are meant to educate our citizens about the foundations of our law and government,” Fletcher said in a statement, adding that he is “pleased” that U.S. District Judge Joseph M. Hood said the previous injunction does not apply to this display.
Hood, however, did not rule on the constitutionality of the display.
Fletcher’s press secretary, Jodi Whitaker, has said the governor’s motion in federal court was not related to Tuesday’s election. Asked today how long the display will stay in the Rotunda, she said, “They’re there.”
She later added: "We have no plans to take them down."
Fletcher, a Republican, is seeking re-election Tuesday in a race against Democratic challenger Steve Beshear. Several media polls show that Fletcher is trailing in the race.
UPDATE: Beshear's campaign press secretary, Vicki Glass, said in a statement this afternoon that Beshear "will abide by the law and by the courts' decisions regarding the display of historical documents.
"It's obviously panic time for the Fletcher camp. He is pulling out all of the stops in an attempt to distract voters from his four years of failed leadership and from the real issues of bringing honesty and integrity back to the people of Kentucky.
"If Ernie Fletcher had been living by the Ten Commandments these last four years he wouldn't be in the mess he's in today."
Glass did not say if Beshear will keep this display in the Capitol Rotunda if he is elected governor.
Fletcher asked the U.S. District Court for the Eastern District of Kentucky last week to clarify a 2006 order pertaining to the display of a Ten Commandments monument on the Capitol Grounds.
The motion asked the court to stipulate that a previous order enjoining the display of the monument does not apply to the “Foundations” display, noting that the “Foundations” display has a predominately secular purpose.
The display was donated by the Rev. Herschel Walker of Laurel County. Besides a King James version of the Ten Commandments, the display includes a copy of the Mayflower Compact, the Declaration of Independence, the Magna Carta, the lyrics of the Star Spangled Banner, the national motto, “In God We Trust,” the preamble to the Kentucky Constitution, the Bill of Rights and a picture of Lady Justice.
The documents in the “Foundations” display are all of the same size and each is accompanied by a statement describing its historical and legal significance. The display is identical to the displays posted in the Mercer and Rowan County Courthouses that were upheld as constitutional.
In March 2006, Fletcher signed a bill into law that directed the Historic Properties Advisory Commission to retrieve a Ten Commandments Monument donated by the Fraternal Order of Eagles and relocate it to the Capitol grounds.
But in June 2006, the federal court entered an order preventing the display of the monument until it reviewed the state’s plan for the display and determined that it complies legally.
Last week, Democratic Attorney General Greg Stumbo accused Fletcher of playing politics with the Ten Commandments.
Stumbo questioned the timing of Fletcher's announcement that he was seeking to clarify a 2006 federal court order.
"I offered to clear the way for posting the Ten Commandments a year and a half ago." Stumbo said in a statement. "Obviously, this issue was not important to the governor until he could play politics with it."
Fletcher said he had no confidence in the attorney general’s ability to competently represent the Commonwealth’s interests in this matter.
--Jack Brammer
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