mercer county ky government

Cf Wallace, 472 U.S. at 99 (Rehnquist, J., dissenting). The text of the Ten Commandments, at the very least six of the Ten Commandments, have undisputed secular significance, as acknowledged by the plaintiffs. Obviously, there is no requirement that a display include a "diversity of religious symbols" to pass constitutional muster. Id. In an effort to better reach taxpayers and other interested parties, the Mercer County PVA has developed a website to be explored on the Internet. The plaintiffs argue, "The only reasonable inference is that Mercer County had a primarily religious purpose in posting this display." 1948). As a starting point, the plaintiffs acknowledge that they have the burden to show that the display was motivated by a religious purpose. For tips on accessing Mercer County, Kentucky Genealogy census records online, see: Kentucky Census. Indus. ACLU of Ohio v. Capitol Square, 243 F.3d at 309. . See, e.g., Wallace, 472 U.S. 112 (1985) (Rehnquist, J., dissenting); Allegheny, 492 U.S. at 655-56 (Kennedy, J., concurring in part, dissenting in part); Lamb's Chapel v. Center Moriches Union Free School Dist., 508 U.S. 384, 398 (1993) (Scalia, J., (joined by Thomas, J.) In Kentucky this is referred to as being a "moist" county; wet counties sell package liquor, wine and beer, dry counties sell no alcoholic beverages (legally), while "moist" counties serve only by the drink, primarily in restaurants. Further, the explanatory text displayed along with the frames explains the historical significance of the displayed items and refers to the Ten Commandments as follows: "The Ten Commandments have profoundly influenced the formation of western legal thought and the formation of our country. denied, 516 U.S. 1111 (1996). denied, 414 U.S. 879 (1973); Books v. City of Elkhart, Indiana, No. The Harrodsburg Historical Society220 South Chiles StreetP.O. 2001), cert. The present Lemon test turns on the sometimes finite distinction between government policies permissibly tolerating or respecting religion (accommodation) as opposed to the impermissible endorsement of religion. Allegheny, 492 U.S. at 580-81. denied, 121 S.Ct. Allegheny involved two religious displays in the Pittsburgh courthouse: a creche and a menorah. Information for this chart was taken from various sources, often containing conflicting dates. 1995) ("In determining whether the [display] has a secular purpose, we note that this first prong of the Lemon test is a fairly low hurdle. Original marriage records are held at the office of the Mercer County Clerk, with divorce records 1849-1958 located with the Mercer County Circuit Court. 1999); Christian v. City of Grand Junction, Civil Action No. See Capitol Square, 243 F.3d at 302. However, the full text of these documents were edited by the defendants to display only text referencing religion andlor Christianity. Anderson v. Liberty Lobby, Inc., 477 U.S. at 252. Ranking Tables for Counties: 1990 and 2000", "Dave Leip's Atlas of U.S. Presidential Elections",,_Kentucky&oldid=1083390400, Pages with non-numeric formatnum arguments, Short description is different from Wikidata, Articles with unsourced statements from October 2017, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 18 April 2022, at 15:34. The plaintiffs believe that the Ten Commandments are only a sacred, religious document, and that the Commandments cannot be described as a unique foundational document for American law in general. Even the plaintiffs' conception of Stone most deferential to the government, i.e., that it is "nearly impossible" for the government to ever display the Ten Commandments, is not the law. at 850. Men in Mercer County served in various regiments and companies. Id. Only when the government's religious purpose is clear has the Supreme Court struck down the government action on Establishment Clause grounds. McCreary, 145 F. Supp.2d at 850. Further, for this Court to require Mercer County to acknowledge the historical influence of particular codes having dubious historical influence, relatively speaking, would be an intellectually dishonest way to comply with the endorsement test. Id. denied, 414 U.S. 879 (1973) (emphasis added). v. Doe, 530 U.S. 290, 307 (2000); Bridenbaugh v. O'Bannon, 185 F.3d 796, 800 (7th Cir 1999); Barghout v. Bureau of Kosher Meat Food Control, 66 F.3d 1337, 1345 (4th Cir. Gov't of Nashville Davidson County, Tenn., 274 F.3d 377, 400 (6th Cir. During the Civil War, the county was divided in sentiment. The plaintiffs' summary dismissal of Lynch and Allegheny as inapplicable here, because those cases involve the "secularized" Christmas season, is gross oversimplification. Males had a median income of $33,657 versus $22,418 for females. Harrodsburg, the county seat of Mercer County, founded in 1774 by a stalwart pioneers led by James Harrod.The only ''colonial'' city and the first permanent English settlement west of the Mountains. However, it would be highly impracticable, if not virtually impossible, to construct a display representative of all religions bearing some influence on this Country. The courthouse display emphasizes the role of the Ten Commandments in secular, legal matters and the context of the several other secular items prevents a finding that the display is dominated by religion. Likewise, if this above would-be isolation of the secular versus the religious nature of the challenged item were possible, then Allegheny and Lynch would have considered the depiction of the infant Jesus in isolation from the secular crib in the creche display. As phrased by the Tenth Circuit, "[w]e know that [t]he Government may depict objects with a spiritual content, but it may not promote or give its stamp of approval to such spiritual content." For purposes of this opinion, the Court will analyze and cite interchangeably American Civil Liberties Union of Kentucky v. McCreary Co., 96 F. Supp.2d 679, 683 (E.D. FamilySearch affiliate libraries may have access to center-only databases, but do not always have all services normally provided by a family history center. They may contain information about members of the congregation, such as age, date of baptism, christening, or birth; marriage information and maiden names; and death date. Allegheny, 492 U.S. at 598-600; Lynch 465 U.S. at 680. Pleasant Hill, also known as Shakertown, is the site of a former Shaker community, active especially in the years before the American Civil War. More importantly, a dispute over whether the chosen wording complies with a particular sect's version is the kind of subtle distinction the reasonable observer of the Commandments displayed in the secular sense would not make. . The reasonable observer viewing these displays would know of the defendants' previous attempts to post the Ten Commandments alone and unsurrounded by religious excerpts from historical documents." As the defendants phrase it, there is no basis in the Constitution or in binding case law compelling the Court to regard the Commandments as "constitutionally radioactive" material. There were 9,289 housing units at an average density of 37 per square mile (14/km2). In fact, other symbols with religious significance added to this display could actually promote, rather than dilute, any perceived reasonable endorsement of religion. In Books, the district court, on remand from the Seventh Circuit, approved a proposed display on a courthouse lawn containing the Ten Commandments, the Bill of Rights, the Declaration of Independence and the Preamble to the Constitution. at 683. Id. Based upon all the above, the plaintiffs are unable to establish a strong or substantial likelihood of success on the merits of either prong one or prong two of the Lemon test. . Lemon, 403 U.S. at 612. Courts are "reluctan[t] to attribute unconstitutional motives to the States, particularly when a plausible secular purpose for the State's program may be discerned from the face of the statute." denied, 519 U.S. 807 (1996)). Counsel are to be complimented on this effort.". [2], Mercer County Courthouse235 S Main StreetPO Box 426Harrodsburg, KY 40330-1696Phone: 859-734-6310[3]Mercer County Website. Ky. 2000) (citing Connection Distrib., 154 F.3d at 288). County histories may include biographies, church, school and government history, and military information. The remainder of the regiment was organized in Louisville, Kentucky, and mustered in for three years on September 26, 1862, under the Colonel Alexander W. Holeman. . The Court simply requires that the display not be "motivated wholly by religious considerations." The emerging patchwork quilt of Ten Commandments cases gives credence to Chief Justice Rehnquist's view that the real problem is Lemon itself. The display includes: the Mayflower Compact; the Declaration of Independence; the Ten Commandments; the Magna Carta (in two frames); the Star Spangled Banner; the National Motto "In God We Trust;" the Preamble to the Kentucky Constitution; the Bill of Rights; and Lady Justice. March 4, 2002); Summum v. City of Ogden, 152 F. Supp.2d 1286 (D.Utah 2001); Suhre v. Haywood Cty., 55 F. Supp.2d 384 (W.D.N.C. The beginning tax list researcher will find the second half of her article especially helpful and for the serious researcher, she covers the legislation involved in the tax process. The plaintiffs' attempt to extend this analysis to a context lacking the tainted intent found in McCreary would mean, for all practical purposes, that a government with a legitimate secular purpose would be "constitutionally damned" by displaying the Commandments in a context containing other secular items that also influenced the development of American law and history. Louisville Southern Railway's construction commenced in 1884 and ran from Louisville through Shelbyville and Lawrenceburg to Harrodsburg, which was reached in 1888. Clearly, the Mercer County display is not tainted with any prior history of defying Stone or any other binding authority, as the Commandments were displayed in a proper historical context ab initio. The historical evidence and case law outlined above overwhelmingly holds that the Ten Commandments are not exclusively religious and can be included in government displays in the proper context. denied (Rehnquist, C.J., dissenting). The Court held that in light of the overwhelming secular character of the display, "the inclusion of a single symbol of a particular historic religious event . As an initial matter, it is important to understand that Stone itself does not even imply that the Ten Commandments may never be displayed by the government. The more lement view taken by the Sixth Circuit does not require allegations that the plaintiff avoids contact with the display; instead, mere allegations by the plaintiff of direct and unwelcome personal contact with the religious symbol on government property are sufficient. See, e.g., Freedom From Religion Found. The Mercer County PVA Office is dedicated to serving the public and assisting the public with understanding the operations of the PVA office.

Even if one wished to dispute the dictionary record of Noah Webster as to the contemporaneous meaning of "establishment" and the views of Chief Justice Rehnquist as to the contemporaneous understanding of the Establishment Clause, reasonable minds cannot dispute that the "touching" language would have provided constitutional mortar for the plaintiffs' wall theory, had that language not been rejected by the framers. It would be a mistake for a reasonable observer to conclude that the display sends the message of government endorsement of religion. The stricter view requires plaintiffs to allege altered behavior in an effort to avoid contact with a religious symbol. Kentucky property tax law establishes the assessment date as of January 1st. The records for each county are divided by militia district. The defendants are correct that the Supreme Court has held "the Establishment Clause does not provide a special license [for plaintiffs] to roam the country in search of governmental wrongdoing and to reveal their discoveries in federal court. . Moore v. Phillip Morris Companies, 8 F.3d 335, 340 (6th Cir. Stone simply held that the particular government before that Court (the Commonwealth of Kentucky) had an impermissible religious, as opposed to secular, motive for the Commandments display. Once the moving party shows that there is an absence of evidence to support the nonmoving party's case, the nonmoving party must present "significant probative evidence" to demonstrate that "there is [more than] some metaphysical doubt as to the material facts." See ACLU of Ky. v. Grayson County, No. It is the Oldest Fair in the entire nation. The display also includes a commentary page explaining the historical significance of each of the nine items contained therein. If it were, then the flood of Ten Commandments litigation currently in the federal courts would be summarily resolved in favor of the plaintiffs. Union control permitted the organization 2 Union regiments, the 19th Regiment Kentucky Volunteer Infantry and the 11th Regiment Kentucky Volunteer Cavalry. Unlike here, McCreary found that the government's stated secular purpose was contrary to the facts of the case because the historical documents were only added after the lawsuit was initiated. The explanation for the Ten Commandments is as follows: As the photos attached to the McGinnis affidavit indicate, each frame in the display is the same size and no one item is displayed more prominently than the other. The Louisville Southern Railroad reached Harrodsburg in 1888. Ky. 2001) (McCreary II). In the Establishment Clause context, "[t]he line we must draw between the permissible and the impermissible is one which accords with history and faithfully reflects the understanding of the Founding Fathers." If the Commandments are displayed alone, the Court would find that this constituted a clear endorsement of religion. The racial makeup of the county was 94.00% White, 3.69% Black or African American, 0.21% Native American, 0.47% Asian, 0.03% Pacific Islander, 0.63% from other races, and 0.96% from two or more races. The plaintiffs are certainly free to lobby their local governments to display symbols other than the Ten Commandments having a dual secular and religious nature, or to display symbols having solely secular import. About 10.00% of families and 12.90% of the population were below the poverty line, including 17.40% of those under age 18 and 12.00% of those age 65 or over. Thus, the teaching of Lynch and Allegheny apply with full force to the Ten Commandments context. Wikipedia contributors, "Mercer County, Kentucky" in, Wikipedia contributors, "Mercer County, Kentucky," in, List of counties in the United States with Record Loss, "Rotating Formation Kentucky County Boundary Maps", Catholic Parishes in the Diocese of Lexington, Catholic Parishes in the Archdiocese of Louisville, Abstracts of Early Kentucky Supreme Court Cases, Kentucky Court of Justice Research & Reference, Mercer County, Kentucky: Marriages (1786-1800) & Wills (1786-1801), Abstracts of Sharp deeds from Mercer County, Kentucky, Click on the county to go to the KYGenWeb site, Kentucky Civil War Service Records of Confederate Soldiers, 1861-1865, Kentucky Civil War Service Records of Union Soldiers, 1861-1865, U.S., Confederate Soldiers Compiled Service Records, 1861-1865, U.S., Union Soldiers Compiled Service Records, 1861-1865, Kentucky Confederate Pension Applications 1912-1950, Nashville Christian Advocate Death Abstracts, Kentucky Wills and Probate Records 1774-1999, United States Social Security Death Index, U.S., Social Security Applications and Claims Index, 1936-2007, "Researching Early Kentucky Tax Lists: 1792-1840", Search Tax, Criminal, Land and Wills Records, Kentucky Births and Christenings, 1839-1960, Mercer County, Kentucky: Marriages (1786-1800) and Wills (1786-1801), Mercer County, Kentucky Marriage Records, 1800-1830 Vol. 1999). is plainly religious in nature" and "no legislative recitation of a supposed secular purpose can blind us to that fact." . After land was transferred to private ownership, subsequent transactions were usually recorded at the county courthouse and where records are currently housed. Contrary to the effort to extend Stone, the plaintiffs' brief actually acknowledges that the Supreme Court did not establish a categorical, absolute, per se rule that any government display of the Ten Commandments violates the Establishment Clause. The plaintiffs devote several pages of their brief arguing that the Ten Commandments are indeed religious text for certain believers. Here, the defendants have stated a secular purpose for the display, namely, "all of the documents, including the Ten Commandments, have played a role in the formation of our system of law and government."

There is no basis in law or fact to impute the "constitutional sins" committed by the Commonwealth of Kentucky, as determined by Stone in 1980, to Mercer County over two decades later. Id. ACLU of Kentucky v. McCreary Co., 96 F. Supp.2d 679, 683 (E.D. at 5. United States District Court, E.D. Local histories are available for Mercer County, Kentucky Genealogy. Obviously, this language may not expand the holding of Stone by serving as a per se rule, invalidating all secular uses of the Ten Commandments by government. If you have any specific questions, comments, or suggestions concerning the PVA Office, please email me. See, e.g., Anderson v. Salt Lake City, 475 F.2d 29 (10th Cir.) Statebook [citation needed]. It is important to keep in mind that the only "burden" on the government is to offer a valid secular purpose for the display. Books, 532 U.S. 1058 (2001), cert. Thus, it would be patently unreasonable to conclude that the display at bar reflects an "unmistakable message" of government support or endorsement of religion. The Court rendered a summary opinion from the Bench on August 22, 2002, based upon the briefs submitted and the oral argument. To access our entire database you must subscribe to our website. For the reasons explained below, the plaintiffs are unable to establish a "likelihood of success on the merits," and this factor determines that the plaintiffs' motion for preliminary injunction should be denied. The 19th Kentucky Infantry (Union)was organized at Camp Harwood for a three-year enlistment commencing January 2, 1862, commanded Col. William J. Landram. The Court notes the textbook "black or white" fallacy inherent in the plaintiffs' argument that the religious or sacred nature of the decalogue forecloses a finding of a secular purpose for the display. Finally, the facts of McCreary are far removed from this case in that the McCreary defendants displayed only the Ten Commandments, without any other context, and the history of that litigation revealed a non-secular religious purpose of promoting Christianity. The following web sites have additional information on Mercer county cemeteries. Lemon, 403 U.S. at 614 (citations omitted). Since the current case is devoid of actual evidence of a sham intent, plaintiffs' attempt to extend Stone far beyond its fair reading, particularly in light of its facts and subsequent Supreme Court case law explaining Stone. Both sides have been granted 120 days from August 22, 2002 in which to conduct discovery. According to Justice O'Connor, it is important to understand that "there is always someone who, with a particular quantum of knowledge, reasonably might perceive a particular action as an endorsement of religion, but that "someone" does not constitute the "reasonable observer" for purposes of the endorsement test.

At this stage, only the motion for preliminary injunction is before the Court. The mere fact that the Ten Commandments refer to God, and that all of the world's major monotheistic religions seemingly have the Ten Commandments as basic tenets of faith does not forever impale Mercer County's legitimate secular purpose for the display.

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It is not the province of the Court to evaluate whether the Ten Commandments are "more strongly religious" than a creche or a menorah. 1983, alleging that a display in the Mercer County Courthouse violates the Establishment Clause of the First Amendment. See the wiki page Kentucky Probate Records for information about how to use probate records. at 9. Listed below are libraries in Mercer County. McGinnis Affidavit, 3. Pursuant to the Lemon test, a government action does not offend the Establishment Clause if it (1) has a secular purpose; (2) does not have the principal or primary effect of advancing or inhibiting religion, and (3) does not foster an excessive entanglement with religion. Lynch, 465 U.S. at 687, n. 13. Thus, that particular text is found in the Bible "does not mean the phrase is advocating a particular religious institution." Lynch, 465 U.S. at 674 (1984). Moreover, the explanatory documents accompanying the displayed items, explaining that the Ten Commandments had a role in the formation of western common law, are all factors that weigh strongly against finding that a reasonable observer would view the display as promoting any particular sect of religion or religion in general. Both the creche and the menorah at issue in Lynch and Allegheny, as well as the Ten Commandments at issue here, have genuine religious significance to some citizens. The holding of Stone is simply not that broad. Moreover, according to the McCreary analysis, the reasonable observer would be aware of the history of this litigation, in which Mercer County officials specifically disclaim any intent to promote religion and reaffirm their commitment to the Free Exercise of religion.
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