BOISE — Two Idaho lawmakers say they are prepared to stand in the way if Boise attempts to remove a Ten Commandments monument from a city park.

Sen. Gerry Sweet, R-Meridian, and Rep. Harry Kulczyk, R-Eagle, said according to Idaho's constitution, they cannot be arrested if they get in the way.

The city plans to return the monument in Julia Davis Park to its donor, the Fraternal Order of Eagles, because of a demand by the Rev. Fred Phelps of Kansas that he be allowed to erect an anti-gay monument in the park. Phelps argues that courts have held that a city allowing a Ten Commandments monument on public property must also allow organizations with other beliefs to set up monuments.

A coalition of religious organizations in Boise has opposed moving the Ten Commandments monument from the park.

During the latest rally to save the monument on Sunday, more than 100 people listened to the legislators explain that "Senators and representatives in all cases, except for treason, felony, or breach of the peace, shall be privileged from arrest during the session of the legislature..."

Sweet said people that peacefully stand in a nonviolent manner are exercising their constitutional right.

Kulczyk said there are possibly legal questions, and he hopes the monument issue won't lead to arrests. He said that's the last thing the city wants to see. But, he is ready to stand in the way if the monument is going to be moved.

In the meantime, a bill sponsored by Sweet will heard in the Senate State Affairs committee on Monday. The bill will mandate that an American Heritage Monument be placed at the Statehouse.

The monument would include: The Magna Carta, Mayflower Compact, Sir Edward Coke and Sir William Blackstone's writings, The Fundamental Orders of Connecticut, Declaration of Independence, the Preamble and Declaration of Rights from the Idaho Constitution as well as the Ten Commandments.