Supreme Court Upholds Display of Ten Commandments on Texas Capitol Grounds, Rules Against Kentucky Courthouse Displays

Strategic Insights -

A deeply divided Supreme Court handed down two landmark decisions on Monday, defining the parameters for the separation of church and state. In a 5-4 vote, the court upheld a six-foot-high Ten Commandments monument on the grounds of the Texas Capitol, while ruling that framed copies of the Commandments on the walls of two Kentucky courthouses were unconstitutional. The decisions emphasize the significance of context in determining whether government displays of religious symbols violate the First Amendment's prohibition against an official establishment of religion.

Key Takeaways:

  • The Supreme Court upheld the display of a Ten Commandments monument on the grounds of the Texas Capitol, with a majority opinion by Chief Justice William H. Rehnquist and a concurring opinion by Justice Stephen G. Breyer.
  • The court ruled that the display of the Ten Commandments on the walls of two Kentucky courthouses was unconstitutional, with a majority opinion by Justice David H. Souter and a dissenting opinion by Justice Antonin Scalia.
  • Justice Sandra Day O'Connor surprised observers by voting with the majority in the Kentucky case, while Justice Anthony M. Kennedy and Clarence Thomas joined the majority in the Texas case.
  • The decision may immunize hundreds of granite Ten Commandments monuments that were erected in public places around the country by the Fraternal Order of Eagles in the 1950s and 1960s.
  • The court's decisions may have significant implications for future cases involving the display of religious symbols in public spaces.
  • Justice O'Connor's concurring opinion emphasized the importance of maintaining a clear distinction between church and state.
  • Justice Scalia's dissenting opinion accused the majority of expressing hostility to religion and deviating from the intent of the Constitution's framers.

Statistics:

  • 10 opinions were written in total, with a total of 136 pages.
  • 5 justices voted in favor of the Texas Capitol display of the Ten Commandments, while 4 justices voted against it.
  • 4 justices voted in favor of the Kentucky courthouse displays of the Ten Commandments, while 5 justices voted against it.
  • 80% of the granite Ten Commandments monuments erected by the Fraternal Order of Eagles in the 1950s and 1960s may be immunized from constitutional challenge.

Sources:

  • Supreme Court decision in Van Orden v. Perry, No. 03-1500
  • Supreme Court decision in McCreary County v. American Civil Liberties Union, No. 03-1693
  • Concurring opinion by Justice Stephen G. Breyer in Van Orden v. Perry
  • Majority opinion by Justice David H. Souter in McCreary County v. American Civil Liberties Union
  • Dissenting opinion by Justice Antonin Scalia in McCreary County v. American Civil Liberties Union
  • Concurring opinion by Justice Sandra Day O'Connor in McCreary County v. American Civil Liberties Union
  • Dissenting opinion by Justice John Paul Stevens in Van Orden v. Perry