Ten Commandments Decisions Issued
I was in Court this morning as the Supreme Court of the United States rendered its decisions in the Ten Commandments cases. Both decisions were made and reached different conclusions. First, in the Texas case, the Court held in a 5-4 vote that the Fraternal Order of Eagles monument was constitutional and could remain in place. This is a very significant development because there are literally thousands of these monuments throughout the United States. The Court line-up was very interesting. Chief Justice Rehnquist issued the opinion and was joined by Justices Scalia, Kennedy, and Thomas. Justice Breyer signed a concurring opinion noting that the group that donated the monument, the Fraternal Order of Eagles, a private civic and primarily secular organization, while interested in the religious aspect of the Ten Commandments, sought to highlight the Commandments role in shaping civic morality as part of the organizations efforts to combat juvenile delinquency. Justice Breyer also noted the context and history of the monuments themselves.
In the decision out of Kentucky, the Court affirmed that the display was unconstitutional. In a 5-4 decision, the Court held that the recent display of the Ten Commandments in the Kentucky courthouse violated the Establishment Clause. The Court also noted that the history of the display itself created a constitutional issue. Justice Scalia, in his dissent in the Kentucky case, noted that the phrase In God We Trust, under God in the Pledge, and the posting of the Ten Commandments pointed to the unique history of our formation of government as an acknowledgment of God and that the decision of the majority striking down the Kentucky display was, in fact, a misreading of the First Amendment. Justice Scalia also noted that acknowledging the religious heritage of our country and the role of the Ten Commandments should pose no constitutional difficulty.
We are analyzing both opinions now and will post additional information online this afternoon.