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Summum v. Pleasant Grove City, 2015 UT 31 (Jan. 30, 2015) 

Jan 30, 2015

Religious organization brought suit under Utah Constitution after dismissal of federal constitutional claims by United States Supreme Court. See Pleasant Grove City, Utah v. Summum, 555 U.S. 460 (2009). The Utah Supreme Court held that the religious liberty clause of the Utah Constitution does not require Pleasant Grove City to install a proposed Summum religious monument in a park where a Ten Commandments monument is already situated. The court reasoned that even assuming that the Ten Commandments monument amounts to religious exercise or instruction, an injunction requiring Pleasant Grove to erect a second religious monument would not render the allocation of public property and money to the two monuments neutral. The court further reasoned that the neutrality test articulated in Society of Separationists, Inc. v. Whitehead, 870 P.2d 916, 935 (Utah 1993), has no application in the context of government monuments and that Summum could not rely on it to facilitate the placement of its own proposed monument.