A businessman who helped erect a courthouse monument featuring an open Bible and an ex-judge who rescued it from neglect testified Tuesday about their Christian faith and their belief that America is a Christian nation.
Both also said their intent was not to convert passers-by but to honor deceased philanthropist William S. Mosher, who donated generously to the Star of Hope Mission for the homeless and served on its board.
Real estate broker and attorney Kay Staley has sued in federal court to have the monument removed, contending the display violates the First Amendment ban on an establishment of religion.
The King James Bible rests under glass inside a 4-foot stone monument on the west side of the Civil Courthouse, 301 Fannin.
After hearing two days of testimony, U.S. District Judge Sim Lake told lawyers he will issue a ruling next week.
On Tuesday, Carloss Morris, 89, a title company executive and former Star of Hope chairman, testified that he obtained permission from the Harris County Commissioners Court to build the monument in 1956 with private donations from churches and individuals.
Morris said the site was chosen so many people would see it and be reminded to help the poor. Locating the monument at the mission, then four blocks down Preston, would not serve that purpose, he said.
Staley's lawyer Randall Kallinen, seeking to prove the purpose of the monument was primarily religious, introduced old minutes of mission board meetings describing the project as a "Bible stand memorial," not a memorial to Mosher.
Asked what message it was intended to send the public, Morris replied: "That he was a godly man and he lived a great life helping others."
"Do you feel this is a Christian nation?" Kallinen asked.
"Correct," Morris said. "That's what makes it great."
Asked if he believes all county officials should be Christians, Morris said that if they accepted Christ as their savior, "it would be better than if they were Hindus."
Former state District Judge John Devine, who led the 1995 restoration, also with private dollars, said it is "pretty clear" that America is a Christian nation.
"I don't believe the separation of church and state is a constitutional doctrine," he said.
Devine acknowledged that "the display of a Bible promotes religion" but added, "Many courthouses have Bibles in them."
"You were probably sworn in on one," he told Lake.
Devine said when he first saw the monument, it was "an eyesore" with its hollow base uncovered. He said it was being used as a trash can.
"It was cleaned and polished," he said. "We replaced the glass top ... and put the Bible back in."
County Judge Robert Eckels testified he believes that the case is different enough from one involving a Ten Commandments monument in Alabama — which was struck down — to justify taking it to the Supreme Court.
Eckels noted that Commissioners Court opens all its meetings with a prayer, usually delivered by a local minister.
rad.sallee@chron.com