High court to hear Ten Commandments cases March 2

By Tom Strode - Dec 15, 2004 - comment

The U.S. Supreme Court will hear oral arguments March 2 in two cases involving displays of the Ten Commandments.

The high court, which released Dec. 15 the schedule for the cases, will rule on displays of the commandments on government property in Kentucky and Texas. The cases will be argued separately, and rulings are expected before the Supreme Court adjourns next summer.

In McCreary County v. ACLU of Kentucky, the Sixth Circuit Court of Appeals decided last December the inclusion of the Ten Commandments in a display of historical documents in two Kentucky county courthouses is unconstitutional.

In Van Orden v. Perry, the Fifth Circuit ruled last November a stand-alone monument of the Ten Commandments on the Texas capitol grounds in Austin is constitutional.

In agreeing to review the McCreary County decision, the Supreme Court decided to consider questions that could change the way it decides cases involving the First Amendment prohibition on government establishment of religion. The court said it would consider whether the Lemon test should be overruled and replaced by a more workable test.

The Lemon test is the three-part examination established by the justices more than three decades ago to guide its decisions in establishment clause cases. The test requires a government action have a secular purpose, not promote or inhibit religion and not entangle government excessively with religion.

Further Learning

Learn more about: Faith, Bible, 10 Commandments

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