In the McCreary case, he said, the Supreme Court held that a government violates the First Amendment's establishment clause, which prohibits an official "establishment of religion," when it acts with the "ostensible and predominant purpose of advancing religion," bearing in mind the nature, effect and legal history of such advocacy.
Booth expressed frustration with Slidell officials' criticism of the ACLU for releasing its letter objecting to the Jesus picture to the news media at the same time it was sent to the court.
"I've never seen anything like this," he said. "This is established Supreme Court law. The ACLU isn't making this up. I would very much like to see more of a reasoned legal analysis than complaints about how we sent them the letter."
Lamz alleged that the ACLU's action was motivated by a desire for publicity and said he was offended by what he called the organization's attempts to "bully, threaten or intimidate" him.
Slidell Mayor Ben Morris condemned the ACLU in harsher tones, while invoking the memory of Hurricane Katrina. As he spoke, damage from the storm -- long watermarks and cracked plaster -- was clearly visible on the courthouse behind him.
"I fight daily with FEMA for the recovery of our city, and now we must fight these tyrants, this American Taliban, who seek to destroy our culture and our heritage," Morris said.
Both Lamz and Morris said they would not contest the placement of a similar emblem representing another faith in the courthouse.
Booth said it was ironic that Morris would condemn a theocracy such as the Taliban rule of Afghanistan while defending a religious picture in a public building.
Before the news conference, some Slidell citizens at the courthouse said they were concerned about the costs of a protracted legal battle, but Lamz said several national organizations have volunteered their legal or financial support to the city.
Later, court spokeswoman Ann Barks distributed contact information for the Alliance Defense Fund, which frequently works with people or organizations facing ACLU lawsuits involving religion.
Mike Johnson, a senior counsel for the Alliance Defense Fund, said his organization has offered to represent the city for free and that he thinks the picture's presence in the courthouse is defensible as a historical image relevant to the judicial process.
Johnson cited Van Orden v. Perry, another 2005 U.S. Supreme Court case, in which the court upheld the legality of a Ten Commandments display outside the Texas State Capitol based on its "secular purpose." The Van Orden and McCreary cases were decided the same day, both by 5-4 votes.
Morris said he anticipates the case could be heard by the U.S. Supreme Court.
The ACLU will hold a news conference Tuesday, Booth said.
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Jeff Muskus can be reached at jmuskus@timespicayune.com or (985) 645-2852.
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