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DATE: March
4, 2005
The Hindu American Foundation
(HAF) was present at the United States Supreme Court on March
2, 2005, as the court heard oral arguments in the case of
Van Orden v. Rick Perry. The foundation, along with nine co-signatories
representing Hindu, Buddhist and Jain organizations, filed
the only amicus curiae (friend of the court) brief providing
a non-Judeo-Christian perspective to the widely anticipated
case that involved the placement of a permanent monument of
the Ten Commandments on government property.
Suhag
Shukla, Esq., legal counsel for HAF, attended the hearings
along with the legal team from Goodwin Procter LLP,
the firm that filed the brief on behalf of HAF. Two
cases, both relating to government-sponsored displays
of the Ten Commandments, were heard over a span of two
hours. The court focused on a wide range of issues,
from whether the displays are similar to legislative
prayer sessions, to whether the Texas Capitol state
grounds where the Decalogue is displayed constitutes
a museum-like setting. |
Aseem Mehta, an
attorney representing HAF, appeared on Fox News' Hannity
and Colmes on March 2.
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Ms. Shukla was pleased that
some of the issues brought forth in HAF’s brief were
introduced during the oral arguments. “HAF assertion
that the monument, with its location in the seat of government,
implies an endorsement of the message found in the display
was a central part of the oral arguments,” said Ms.
Shukla, “We do hope that the Justices will agree that
state-sponsorship of this unquestionably religious display
in park-like setting shows an unconstitutional preference
of one religious tradition over others.”
HAF’s brief received
widespread coverage after its filing on December 13, 2004.
The group has asserted that its position is not an effort
to counter any religious tradition or its scripture. “HAF,
as an organization committed to tolerance and pluralism, has
utmost respect for many of the ethical values enshrined in
the Decalogue,” said Nikhil Joshi, Esq., also an attorney
and member of the HAF Board of Directors. “However,
HAF’s stand reflects the views of millions of fellow
Americans that feel strongly that the great traditions of
the U.S. Constitution maintaining a clear separation between
church and state must be upheld.”
During the arguments, Professor
Erwin Chemerinsky, Attorney for Van Orden, specifically asked
the Justices to consider the effect of the Texas display on
Hindus and Buddhists. “There is no way to predict how
the Court will decide this issue, but we are satisfied that
because of HAF’s efforts, the Hindu perspective, along
with that of Buddhists and Jains, will at least have the chance
to be considered,” added Ms. Shukla.
Immediately following the
oral arguments, HAF explained its position to various media
outlets. Among others, Ms. Shukla appeared on National Public
Radio and attorneys from Goodwin Procter LLP represented HAF
on the Fox News Channel and at a panel discussion on the case
at the Georgetown University College of Law.
The full amicus curiae
(friend of the court brief) may be viewed at http://www.hinduamericanfoundation.org/campaigns_10_commandments-amicus_brief.pdf
HAF is a non-profit, non-partisan
organization promoting the Hindu and American ideals of understanding,
tolerance and pluralism.
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