02:14 PM MST on Friday, December 9, 2005

Andrea Dearden
Idaho's NewsChannel 7

BOISE -- The Idaho Supreme Court heard arguments this morning on the controversial Ten Commandments monument removed from Julia Davis Park last year.

KTVB

The Ten Commandments monument was removed from Julia Davis Park in 2004.

At issue here is whether voters should be allowed to decide if the monument should be returned to the Boise park.

The gallery of the Supreme Court was full to hear the arguments today. 

Attorneys for the Keep the Commandments Coalition told justices the decision to remove the monument in March of 2004 was a legislative decision by the city council, one the coalition contends was made just to avoid potential lawsuits. 

They believe that makes the decision a legislative one, which means it ultimately can go to a vote of the people.

"We want to give voters the opportunity to decide if they'd like to see the Ten Commandments monument returned to Julia Davis Park.  We're content to abide by the decision that the people make, and we're asking the city council to do the same," said Bryan Fischer, Keep the Commandments Coalition.

Valencia Bilyeu spoke on behalf of the city.  She maintains this has nothing to do with the Ten Commandments monument specifically, but is a broader argument about the proper use of initiatives.

Both sides cited different cases decided by state courts and the U.S. Supreme Court to help back their positions.

The Idaho Supreme Court justices heard the arguments today. 

NewsChannel will keep you updated on the decision as it is released.