Kentucky+and+Van+Orden

Tommy O'Brien //McCreary County v. ACLU of Kentucky// (2004)


 * Background**

Three counties in Kentucky had decided to display framed copies of the Ten Commandments in public schools and courthouses. The ACLU sued the counties because it thought the displays violated the establishment clause of the First Amendment.


 * Constitutional Question**

Did these displays of the Ten Commandments violate the establishment clause of the First Amendment?


 * Decision**

The court decided that the displays violated the establishment clause and were, therefore, unconstitutional. It concluded that an observer of the displays would think that the government was endorsing a religion.

//Van Orden v. Perry// (2004)


 * Background**

A Ten Commandments monument is located on the grounds of the state capitol building in Texas. Thomas Van Orden sued the state of Texas arguing that the monument violated the establishment clause of the First Amendment.


 * Constitutional Question**

Does a monument of the Ten Commandments on the grounds of the Texas state capitol building violate the establishment clause of the First Amendment?


 * Decision**

The court decided that the monument did not violate the establishment clause. It said that the monument merely recognized the historical meaning of the Ten Commandments and, thus, did not endorse a religion.


 * Impact**

Although these seemingly similar cases were decided on the same day, two different conclusions were made. The court seems to suggest that context is the deciding factor in whether a Ten Commandments display is constitutional. If the display seems to be endorsing a specific religion to the casual observer, it is unconstitutional. If, on the other hand, it merely recognizes history, it is allowed.