The state Senate approved bills Wednesday that would allow a monument commemorating the Rev. Martin Luther King Jr. and another one featuring the Ten Commandments to be placed on the grounds of the state Capitol.
Both monuments would be funded without state dollars, but with private donations raised through the state’s Capitol Arts Standards Commission. The legislation would begin the process of designing the structures and selecting a location to place them.
House Bill 702, sponsored by Rep. Greg Morris, R-Vidalia, passed 40-10 despite objections from the Legislature's legal counsel that the monument containing the Ten Commandments could face and likely lose a First Amendment legal challenge.
As approved in the legislation, that monument also would contain the preamble to the state constitution along with the portion of the Declaration of Independence dealing with unalienable rights.
Senate Minority Leader Steve Henson presented the letter, which said, "it is possible that HB 702 — as it currently exists — would not survive an Establishment Clause challenge. Of course, if no challenge occurs, the issue is moot." Based on that advice, "I don't think it's in the best interest of the state," Henson, D-Tucker, said.
The First Amendment’s Establishment Clause prohibits a government from establishing an official religion and also favoring one religion over another.
But because not all factors pertaining to an Establishment Clause with the monument have materialized yet, the letter noted, it is difficult to predict how a court would respond to a challenge.
HB 702 already passed the Senate and now moves to the governor’s desk for signing.
House Bill 1080, regarding the MLK monument and sponsored by Rep. Calvin Smyre, D-Columbus, must return to the House for a vote. The bill now includes a provision added in a Senate committee recognizing the King family's intellectual property rights of the civil rights leader's image. The King family has asked to be included in the monument's planning.
There is no set time to complete the MLK monument, Smyre said, but there is a preference to have the project completed by next year’s Martin Luther King Jr. observance program at the Capitol.
Sen. Bill Heath, R-Bremen, cast the lone Senate vote against the MLK statue.
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