Evolution of Supreme Court Rulings on Religious Displays in Public Space

Strategic Insights -

The US Supreme Court has struggled to strike a balance between the First Amendment's guarantee of free exercise of religion and the Establishment Clause's prohibition on government endorsement of religion. Over the past quarter-century, the Court has issued a string of decisions that have navigated this complex issue, often with divided votes.

Key Takeaways:

  • In *Stone v. Graham* (1980), the Court ruled 5-4 that a Kentucky law requiring the posting of the Ten Commandments in public schools was unconstitutional, as it had no legitimate secular purpose.
  • The *Lynch v. Donnelly* (1984) decision saw the Court rule 5-4 that a Nativity scene in Pawtucket, R.I., did not amount to an unconstitutional government endorsement of religion, despite being sponsored by the city and including secular symbols.
  • The *Allegheny County v. ACLU* (1989) ruling stated that a Nativity scene standing alone at a courthouse was an unconstitutional endorsement of religion, but a menorah displayed with a Christmas tree elsewhere was permissible.
  • In *Capitol Square Review and Advisory Board v. Pinette* (1995), the Court voted 7-2 to allow the Ku Klux Klan to erect a cross in a public square, as part of a display that included a Christmas tree and a menorah.
  • The *McCreary County v. ACLU of Kentucky; Van Orden v. Perry* (2005) decisions saw the Court issue two separate rulings on the display of the Ten Commandments. In one 5-4 ruling, the Court determined that displays of the Ten Commandments on plaques in two Kentucky courthouses were impermissible due to the officials' religious purpose. In another 5-4 decision, the Court allowed a 40-year-old Commandments monument on the grounds of the Texas state Capitol, as it, combined with other historical markers, conveyed a secular message.

Statistics:

  • 1980: The US Supreme Court ruled 5-4 in *Stone v. Graham* that a Kentucky law requiring the posting of the Ten Commandments in public schools was unconstitutional.
  • 1984: The Court ruled 5-4 in *Lynch v. Donnelly* that a Nativity scene in Pawtucket, R.I., did not amount to an unconstitutional government endorsement of religion.
  • 1989: The *Allegheny County v. ACLU* ruling stated that a Nativity scene standing alone at a courthouse was an unconstitutional endorsement of religion, while a menorah displayed with a Christmas tree elsewhere was permissible.
  • 1995: The Court voted 7-2 in *Capitol Square Review and Advisory Board v. Pinette* to allow the Ku Klux Klan to erect a cross in a public square as part of a display that included a Christmas tree and a menorah.
  • 2005: The *McCreary County v. ACLU of Kentucky; Van Orden v. Perry* decisions saw the Court issue two separate rulings on the display of the Ten Commandments.

Sources:

  • U.S. Supreme Court