By a 6-6 vote, the full 10th U.S. Circuit Court of Appeals declined Thursday to rehear the June ruling of a three-judge panel, which held that the monument violates the Establishment Clause of the First Amendment.

'I think it demonstrates just how bad the initial opinion was,' Theriot said of the evenly split vote. 'The dissenting opinions really point that out, that this is really the first case since Van Orden v. Perry where a Ten Commandments monument displayed along with other historical monuments was struck down as unconstitutional.'”

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