Appeals court: Bible in courthouse monument must go

Looks like it may be the end of the line for the Bible in the previously forgotten William Mosher memorial in front of the old Harris County Courthouse: A federal appeals court ruled Tuesday that the Bible must be removed from the monument because a district judge made it a religious monument when he restored it 10 years ago.

We talked about the Mosher monument in December; if you haven't seen it, it's a block of stone with a slanted top that displays an open Bible under glass (and we still think it looks a lot like a trash can). The monument, honoring industrialist and Star of Hope supporter William S. Mosher, was placed in 1956, and Star of Hope cared for it until 1988, replacing the Bible several times after it was stolen. In 1995, former state District Judge John Devine refurbished the monument, replacing the Bible and installing a neon tube to illuminate it. That's what changed the nature of the monument from secular to religious, the appeals court ruled Tuesday — not so much the neon, we assume, but the fact that the county pays the $93.16 annual electric bill. Writing for the majority in the 5th U.S. Circuit Court of Appeals' decision, E. Grady Jolly noted that Devine had campaigned to put Christianity "back into government" and had Christian ministers lead prayers when the monument was rededicated. "Its recent history would force an objective observer to conclude that it is a religious symbol of a particular faith located on public grounds," the ruling stated.

Civil rights lawyer Randall L. Kallinen represented Kay Staley, the real estate broker and lawyer who became offended by the monument and sued Harris County over it in 2003; he said the ruling is a victory for all Harris County taxpayers. "To take all the taxpayers’ money in Harris County and use it to promote one religion is highly insensitive to other religions because Harris County has many religions," Kallinen told the AP. We're sure by "all the taxpayers' money" he means "money from all the taxpayers," not that Harris County only brings in $93.16 a year from taxes. Staley told the AP the ruling delighted her: "We are not a Christian nation," she said. "We are a nation of many religions or no religion."

Harris County Attorney Mike Stafford said the county can — and probably will — appeal the decision to the entire 5th Circuit or to the U.S. Supreme Court. "I don't think that the monument's essential nature can morph into something unconstitutional," he said.