Term: 2004
Docket: 03-1693
Mccreary County, Kentucky, Et Al. v. American Civil Liberties Union Of Kentucky Et Al.
- Pro
03-1693 McCREARY COUNTY, KY V. ACLU OF KENTUCKY DECISION BELOW: 354 F3d 438 CERT. GRANTED 10/12/2004 QUESTION PRESENTED: 1. Whether the Establishment Clause is violated by a privately donated display on government property that includes eleven equal size frames containing an explanation of the display along with nine historical documents and symbols that played a role in the development of American law and government where only one of the framed documents is the Ten Commandments and the remaining documents and symbols are secular. 2. Whether a prior display by the government in a courthouse containing the Ten Commandments that was enjoined by a court permanently taints and thereby precludes any future display by the same government when the subsequent display articulates a secular purpose and where the Ten Commandments is a minority among numerous other secular historical documents and symbols. 3. Whether the Lemon test should be overruled since the test is unworkable and has fostered excessive confusion in Establishment Clause jurisprudence. 4. Whether a new test for Establishment Clause purposes should be set forth by this Court when the government displays or recognizes historical expressions of religion. LOWER COURT CASE NUMBER: 01-5935
The U.S. Supreme Court case McCreary County, Kentucky v. American Civil Liberties Union of Kentucky (2004) centered around the constitutionality of displaying the Ten Commandments in public buildings. The ACLU sued three Kentucky counties for posting framed copies of the commandments in courthouses and schools, arguing that it violated the First Amendment's Establishment Clause which prohibits government endorsement or establishment of religion. In a 5-4 decision, the court ruled against McCreary County, stating that their actions lacked a secular purpose and were thus unconstitutional under previous interpretations of this clause by promoting a religious message. This ruling emphasized that any display with religious content must also serve a legitimate secular purpose to avoid violating constitutional principles separating church and state.
In the dissenting opinion of McCreary County, Kentucky v. American Civil Liberties Union of Kentucky, Justice Scalia argued that the majority's decision was inconsistent with historical practices and past Supreme Court decisions which allowed for government acknowledgement of America's religious heritage. He contended that displays like those in question - featuring the Ten Commandments alongside other historical documents - were not an endorsement or establishment of religion but rather a recognition of its role in society and lawmaking. Furthermore, he criticized the majority’s focus on lawmakers' motives as impractical and subjective; it would be nearly impossible to determine whether a lawmaker had purely secular motivations behind any given legislation or public display. In his view, such scrutiny could potentially invalidate many common practices simply due to their religious origins.
