NBC Nightly News - Supreme Court Rules on Ten Commandments Issue

NBC NIGHTLY NEWS
June 27, 2005

ANCHOR:  BRIAN WILLIAMS

There was more than the usual drama when the US Supreme Court met today because of strong rumors predicting the retirement of the chief justice, William Rehnquist. That did not happen today. In fact, the chief spoke, at length, thanking many people for this past session of the court. Then the court spoke, as a whole, on one of the divisive issues of our time, the separation of church and state, specifically how and where the Ten Commandments can be displayed. It was a part of a big day of decisions that will shape American life. And we begin here tonight with NBC News justice correspondent Pete Williams.

REPORTER:  PETE WILLIAMS

With emotions running high nationwide over public depictions of the Ten Commandments...

Unidentified Man: And crying out for your mercy.

WILLIAMS: ...the court said today that whether such displays violate the Constitution's ban on endorsing religion depends on when and why they were put up in the first place. The court struck down frame displays of the commandments in two Kentucky courthouses, finding the purpose there was clearly religious.

A former Kentucky county judge said he was stunned.

JIMMIE GREENE (Former Kentucky State Court Judge): I cried. My--my heart was broken because it--it--it means so much to me.

WILLIAMS: But the court ruling 5-4 noted that at a ceremony posting the Commandments, a county official brought his pastor to talk about God and an official resolution calling for their display referred to, quote, "Jesus Christ, the Prince of Ethics," But in a stinging dissent, Justice Antonin Scalia accused the court of ignoring the country's religious heritage, obvious in statement like the presidential oath.

Chief Justice WILLIAM REHNQUIST: (From file footage) So help me God.

President GEORGE W. BUSH: (From file footage) So help me God.

WILLIAMS: And in political speeches.

President BILL CLINTON: (From file footage) And God bless the United States of America.

WILLIAMS: But by another 5-4 ruling, the court approved a granite Ten Commandments monument on the grounds of the Texas State Capitol, and casting the deciding vote, Justice Stephen Breyer said the state intended it to send a moral message, reflecting historical ideals. And he said the monument stood for 40 years without sparking a court challenge until now, suggesting that few found it to be a government endorsement of religion.

Both sides in the debate agree today's rulings likely save thousands of other granite monuments like the one in Texas placed years ago in parks nationwide. But civil liberties groups say more recent postings could be in trouble.

BARRY LYNN (Opposed Commandments Displays): New placements of the Ten Commandments, placements of the Ten Commandments where they will have a clear promotional effect on young children, those are forbidden by today's decisions.

WILLIAMS: And advocates of government displays say today's ruling may invite more lawsuits.

JAY SEKULOW (Favored Commandments Displays): These cases are so close that the facts of the individual display are going to make all of the difference here.

WILLIAMS: In fact, the court declined today to come with what both sides wanted, a simple test for telling when the Ten Commandments are a neutral history lesson and when they're a government endorsement of religion, Brian.