ACLJ Anticipating Supreme Court Decisions Involving Displays of Ten Commandments in Texas and Kentucky Cases

June 23, 2005

(Washington, DC) - The American Center for Law and Justice (ACLJ), focusing on constitutional law, said a decision by the Supreme Court of the United States on the constitutionality of the public displays of the Ten Commandments is likely to be one of the most important church/state decisions to be issued by the high court.

The ACLJ has filed in amicus briefs with the Supreme Court in the two cases pending involving displays in the Texas and Kentucky.  A decision by the high court could come as early as Monday as the court enters the final week of its term.

"There is much anticipation about these two very important cases," said Jay Sekulow, Chief Counsel of the ACLJ, which is involved in numerous Commandments cases, including two pending before the high court.  "The Commandments have played a key role in the development of Western law and represent an integral part of the legal underpinnings of our system.  No one denies the religious significance the Commandments hold for many.  But that does not render them unconstitutional.  The high court has repeatedly acknowledged that many of our legal, political, and personal values derive historically from religious teachings.  And it is our hope that the high court concludes that the displays of the Commandments are a part of the rich history and heritage of our nation."

The ACLJ filed amicus briefs in both the Texas and Kentucky cases and the brief in the Texas case was co-authored by Harold J. Berman, the Robert W. Woodruff Professor of Law at Emory University.  Berman is also the James Barr Ames Professor of Law, emeritus, at Harvard University where he taught from 1948 to 1985 and again in 1986 and 1989. 

The brief provides a detailed analysis of the role that the Commandments has played in the formation of Western law and argues that the Commandments are "an integral part of the legal heritage of Western civilization."  The brief states:  "To require its removal from the walls of American courthouses and other public settings because it refers to the God of Israel as a source of fundamental legal obligations would be similar to requiring the removal of the Declaration of Independence because it refers to Natures God and to the Creator and to divine providence as the source of the equality of all persons and of the universal rights of life, liberty and the pursuit of happiness."

The ACLJ, which is involved in numerous Commandments cases nationwide, has two pending before the Supreme Court a case involving a display outside public high schools in Adams County, Ohio and a case involving the display of a framed poster of the Commandments in the courtroom of a state judge in Ohio.  

Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.