ADF: Give this issue some clarity, SCOTUS

One example is unfolding in New Mexico, says Jonathan Scruggs, an attorney with Alliance Defending Freedom.

In the city of Bloomfield, the city council approved a policy permitting the public to erect historical monuments in front of City Hall. Residents responded with monuments depicting the Declaration of Independence and the Gettysburg Address, among others, and someone also created a Ten Commandments monument (pictured above). 

"And that's essentially what the beef was," explains the attorney, "that they allowed a historical monument because it had a religious text on it."

 The 10th Circuit Court of Appeals ruled against the monument in November, but ADF is examining the case since the ruling differs with other court decisions.

In particular, ADF is pointing to the Greece v. Galloway ruling from 2014, which allows a volunteer chaplain to open the Town of Greece meetings with prayer.That ruling suggested that being offended is not a violation of the U.S. Constitution.

"One court will say, This Ten Commandments monument is okay. Another court will say the exact same monument's not okay," Scruggs points out. "And so it really depends on what judge you get and where you are, and various things that seem like they're irrelevant, and so I definitely think it's in need of clarification."

ADF, meanwhile, is considering asking the full 10th Circuit to rehear the case.