McCreary County v. ACLU of Kentucky
Encyclopedia
McCreary County v. ACLU of Kentucky, 545 U.S. 844 (2005), is a case which was argued before the Supreme Court of the United States
on March 2, 2005. At issue is whether government-sponsored displays of the Ten Commandments
in county courthouses violate the Establishment Clause of the First Amendment
.
In a suit brought by the American Civil Liberties Union
of Kentucky, the United States Court of Appeals for the Sixth Circuit
held that the displays—in this case, a Ten Commandments display at the McCreary County
courthouse in Whitley City, Kentucky
—were unconstitutional. The appeal from that decision, argued by Mathew Staver
of Liberty Counsel
, urged reformulation or abandonment of the "Lemon test" set forth in Lemon v. Kurtzman
, which has been applied to religious displays on government property and to other Establishment Clause issues.
The case was heard at the same time as Van Orden v. Perry
, a similar case challenging a display of the Ten Commandments at the Texas State Capitol
in Austin
.
The Supreme Court ruled on June 27, 2005, in a 5-4 decision, that the display is unconstitutional.
The similar case of Van Orden v. Perry
was handed down the same day with the opposite verdict (also with a 5 to 4 decision). The "swing vote
" between these two cases was Justice Stephen Breyer
.
In November 2010, counties in Kentucky filed a new appeal to the Supreme Court, requesting the allowance of the display once again. The case is again titled McCreary County v. ACLU of Kentucky. The plaintiffs do not seek to "overrule" the decision in this case: they claim that the Sixth Circuit Court
has failed to follow the majority's comment allowing government to reform the reasoning of a display to render it constitutional. The plaintiffs argue in their appeal that local government has given a firm secular reasoning for the display as the commemoration of historical documents and have renounced the religious motivation for the display, which was the court's reasoning for its prohibition.
(ACLU) sued.
The displays around the Commandments were modified to include eight smaller, historical documents containing religious references as their sole common element, e.g., the Declaration of Independence's "endowed by their Creator" passage.
The District Court followed the Lemon v. Kurtzman
test to find that the original display lacked any secular purpose because the Commandments are a distinctly religious document, and that the second version lacked such a purpose because the Counties narrowly tailored their selection of foundational documents to those specifically referring to Christianity.
After changing counsel, the Counties revised the exhibits again. The new posting, entitled "The Foundations of American Law and Government Display," consists of nine framed documents of equal size. One sets out the Commandments explicitly identified as the "King James Version
," quotes them at greater length, and explains that they have profoundly influenced the formation of Western legal thought and the American Nation. With the Commandments are framed copies of the Star Spangled Banner's lyrics and the Declaration of Independence, accompanied by statements about their historical and legal significance.
On the ACLU's motion, the District Court included this third display in the injunction despite the Counties' professed intent to show that the Commandments were part of the foundation of American Law and Government and to educate County citizens as to the documents. The court took proclaiming the Commandments' foundational value as a religious, rather than secular, purpose under Stone v. Graham
and found that the Counties' asserted educational goals crumbled upon an examination of this case's history.
The Sixth Circuit Court
affirmed the decision, stressing that, under Stone, displaying the Commandments bespeaks a religious object unless they are integrated with a secular message. The court saw no integration here because of a lack of a demonstrated analytical or historical connection between the Commandments and the other documents.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
on March 2, 2005. At issue is whether government-sponsored displays of the Ten Commandments
Ten Commandments
The Ten Commandments, also known as the Decalogue , are a set of biblical principles relating to ethics and worship, which play a fundamental role in Judaism and most forms of Christianity. They include instructions to worship only God and to keep the Sabbath, and prohibitions against idolatry,...
in county courthouses violate the Establishment Clause of the First Amendment
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
.
In a suit brought by the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
of Kentucky, the United States Court of Appeals for the Sixth Circuit
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
held that the displays—in this case, a Ten Commandments display at the McCreary County
McCreary County, Kentucky
McCreary County is a county located in the U.S. state of Kentucky. As of 2000, the population was 17,080. Its county seat is Whitley City. The county is named for James B. McCreary, a Confederate war hero and Governor of Kentucky from 1875 to 1879. It is the only Kentucky county to not have a...
courthouse in Whitley City, Kentucky
Whitley City, Kentucky
Whitley City is a census-designated place in McCreary County, Kentucky, United States. The population was 1,111 at the 2000 census. Despite its name, it is not an incorporated city; however, it is the county seat of McCreary County. Whitley City is one of two non-city county seats in Kentucky the...
—were unconstitutional. The appeal from that decision, argued by Mathew Staver
Mathew Staver
Mathew D. Staver, J.D., is an American lawyer, academic, professor, and former Seventh Day Adventist pastor. He has been a founding member and Chairman of Liberty Counsel since 1989, and dean of Liberty University School of Law since 2006.-Biography:...
of Liberty Counsel
Liberty Counsel
Liberty Counsel is a non-profit public interest law firm and ministry that provides free legal assistance in defense of "Christian religious liberty, the sanctity of human life, and the traditional family." Liberty Counsel is headed by attorney Mathew D. Staver, who founded the legal ministry with...
, urged reformulation or abandonment of the "Lemon test" set forth in Lemon v. Kurtzman
Lemon v. Kurtzman
Lemon v. Kurtzman, 403 U.S. 602 , was a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools for the salaries of teachers who...
, which has been applied to religious displays on government property and to other Establishment Clause issues.
The case was heard at the same time as Van Orden v. Perry
Van Orden v. Perry
Van Orden v. Perry, 545 U.S. 677 was a case decided by the Supreme Court of the United States of America, involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Clause of the First Amendment.In a...
, a similar case challenging a display of the Ten Commandments at the Texas State Capitol
Texas State Capitol
The Texas State Capitol is located in Austin, Texas, and is the fourth building to be the house of Texas government in Austin. It houses the chambers of the Texas Legislature and the office of the governor of Texas. It was designed originally during 1881 by architect Elijah E. Myers, and was...
in Austin
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
.
The Supreme Court ruled on June 27, 2005, in a 5-4 decision, that the display is unconstitutional.
The similar case of Van Orden v. Perry
Van Orden v. Perry
Van Orden v. Perry, 545 U.S. 677 was a case decided by the Supreme Court of the United States of America, involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Clause of the First Amendment.In a...
was handed down the same day with the opposite verdict (also with a 5 to 4 decision). The "swing vote
Swing vote
Swing vote is a term used to describe a vote that may go to any of a number of candidates in an election, or, in a two-party system, may go to either of the two dominant political parties...
" between these two cases was Justice Stephen Breyer
Stephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
.
In November 2010, counties in Kentucky filed a new appeal to the Supreme Court, requesting the allowance of the display once again. The case is again titled McCreary County v. ACLU of Kentucky. The plaintiffs do not seek to "overrule" the decision in this case: they claim that the Sixth Circuit Court
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
has failed to follow the majority's comment allowing government to reform the reasoning of a display to render it constitutional. The plaintiffs argue in their appeal that local government has given a firm secular reasoning for the display as the commemoration of historical documents and have renounced the religious motivation for the display, which was the court's reasoning for its prohibition.
Case history
After two Kentucky Counties each posted large and readily visible copies of the Ten Commandments in their courthouses, the American Civil Liberties UnionAmerican Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
(ACLU) sued.
The displays around the Commandments were modified to include eight smaller, historical documents containing religious references as their sole common element, e.g., the Declaration of Independence's "endowed by their Creator" passage.
The District Court followed the Lemon v. Kurtzman
Lemon v. Kurtzman
Lemon v. Kurtzman, 403 U.S. 602 , was a case in which the Supreme Court of the United States ruled that Pennsylvania's 1968 Nonpublic Elementary and Secondary Education Act, which allowed the state Superintendent of Public Instruction to reimburse nonpublic schools for the salaries of teachers who...
test to find that the original display lacked any secular purpose because the Commandments are a distinctly religious document, and that the second version lacked such a purpose because the Counties narrowly tailored their selection of foundational documents to those specifically referring to Christianity.
After changing counsel, the Counties revised the exhibits again. The new posting, entitled "The Foundations of American Law and Government Display," consists of nine framed documents of equal size. One sets out the Commandments explicitly identified as the "King James Version
King James Version of the Bible
The Authorized Version, commonly known as the King James Version, King James Bible or KJV, is an English translation of the Christian Bible by the Church of England begun in 1604 and completed in 1611...
," quotes them at greater length, and explains that they have profoundly influenced the formation of Western legal thought and the American Nation. With the Commandments are framed copies of the Star Spangled Banner's lyrics and the Declaration of Independence, accompanied by statements about their historical and legal significance.
On the ACLU's motion, the District Court included this third display in the injunction despite the Counties' professed intent to show that the Commandments were part of the foundation of American Law and Government and to educate County citizens as to the documents. The court took proclaiming the Commandments' foundational value as a religious, rather than secular, purpose under Stone v. Graham
Stone v. Graham
Stone v. Graham, , was a case in which the Supreme Court of the United States ruled that a Kentucky statute requiring the posting of a copy of the Ten Commandments, purchased with private contributions, on the wall of each public classroom in the State, was unconstitutional, in violation of the...
and found that the Counties' asserted educational goals crumbled upon an examination of this case's history.
The Sixth Circuit Court
United States Court of Appeals for the Sixth Circuit
The United States Court of Appeals for the Sixth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Kentucky* Western District of Kentucky...
affirmed the decision, stressing that, under Stone, displaying the Commandments bespeaks a religious object unless they are integrated with a secular message. The court saw no integration here because of a lack of a demonstrated analytical or historical connection between the Commandments and the other documents.
See also
- List of United States Supreme Court cases, volume 545
- List of United States Supreme Court cases
- Separation of church and state in the United StatesSeparation of church and state in the United StatesThe phrase "separation of church and state" , attributed to Thomas Jefferson and others, and since quoted by the Supreme Court of the United States, expresses an understanding of the intent and function of the Establishment Clause of the First Amendment to the Constitution of the United States...
- Van Orden v. PerryVan Orden v. PerryVan Orden v. Perry, 545 U.S. 677 was a case decided by the Supreme Court of the United States of America, involving whether a display of the Ten Commandments on a monument given to the government at the Texas State Capitol in Austin violated the Establishment Clause of the First Amendment.In a...
- Stone v. GrahamStone v. GrahamStone v. Graham, , was a case in which the Supreme Court of the United States ruled that a Kentucky statute requiring the posting of a copy of the Ten Commandments, purchased with private contributions, on the wall of each public classroom in the State, was unconstitutional, in violation of the...
External links
- Liberty Counsel press release
- ACLU press release
- Religion & Ethics Newsweekly (PBS), includes video coverage