Omar Bennett
The McCreary County v. American Civil Liberties Union case of 2005 concerned the display of the Ten Commandments in courthouses and schools in three Kentucky counties. The American Civil Liberties Union (ACLU) sued, arguing that the displays were unconstitutional and violated the Establishment Clause of the First Amendment, which prohibits the establishment of religion. The case was argued before the Supreme Court of the United States, which held that the displays were unconstitutional and ordered their removal. The Court's decision considered the purpose and context of the displays, including the inclusion of other historical documents with religious connotations, in determining their constitutionality. The ruling set a precedent for evaluating the purpose and presentation of government displays involving religious elements.
| Characteristics | Values |
|---|---|
| Date of oral arguments | March 2, 2005 |
| Case argued before | Supreme Court of the United States |
| Issue | Whether the Court should continue to inquire into the purpose behind a religious display |
| Display | Large, gold-framed copies of the Ten Commandments, with a citation to the Book of Exodus |
| Location of display | In a "high traffic area" in the McCreary County courthouse in Whitley City, Kentucky |
| Other displays | The Mayflower Compact, the National Motto, the Preamble to the Kentucky Constitution, and a picture of Lady Justice |
| Ruling | The displays were unconstitutional |
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What You'll Learn
The Establishment Clause and the First Amendment
The First Amendment of the US Constitution protects the freedom of religion and prohibits the government from establishing an official religion or favouring one religion over another. The Establishment Clause, which is part of the First Amendment, states that "Congress shall make no law respecting an establishment of religion". This clause ensures that the government remains neutral on matters of religion and does not endorse or promote any particular religious beliefs or practices.
In the case of McCreary County v. ACLU of Kentucky, the American Civil Liberties Union (ACLU) sued three Kentucky counties (McCreary, Pulaski, and a school district in a third county) for displaying large and readily visible copies of the Ten Commandments in their courthouses. The ACLU argued that these displays violated the Establishment Clause of the First Amendment by endorsing a particular religion (Christianity) and promoting specific religious beliefs over others.
The ACLU's argument centred around the idea that the counties' displays of the Ten Commandments constituted an "establishment of religion" and violated the constitutional principle of government neutrality towards religion. The ACLU sought a preliminary injunction against maintaining the displays, arguing that they were a form of religious endorsement by the government and thus violated the First Amendment rights of citizens.
In response, the counties defended their actions by arguing for a limitation on the 'secular purpose' element of the three-part Lemon test, which is often used to determine whether government action violates the Establishment Clause. The counties also attempted to work around the issue by incorporating other historical documents with some religious connotations, such as the Magna Carta, the Declaration of Independence, and the lyrics of the Star-Spangled Banner, to showcase the influence of religion on the foundation of American law and government.
The Supreme Court of the United States heard oral arguments in this case on March 2, 2005, and the decision was announced on June 27, 2005. The Court upheld the injunction, agreeing with the ACLU that the displays were unconstitutional and violated the Establishment Clause. This decision reaffirmed the importance of government neutrality towards religion and set a precedent for similar cases involving religious displays on government property.
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The role of religion in government displays
The case of McCreary County v. American Civil Liberties Union (2005) concerned the role of religion in government displays and the constitutional limits of such displays. The case was brought before the Supreme Court of the United States after three counties in Kentucky posted large and easily visible copies of the Ten Commandments in their courthouses. The Ten Commandments, an important religious text in the Abrahamic religions, were displayed alongside other historical documents, such as the Magna Carta, the Declaration of Independence, and the Bill of Rights. The counties intended to show that the Ten Commandments were part of the foundation of American law and government.
The American Civil Liberties Union (ACLU) sued, arguing that the counties had violated the Establishment Clause of the First Amendment by promoting a specific religion. The Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. The district court granted a preliminary injunction, ordering the removal of the displays.
The case centred on the purpose and effect of the displays. The counties argued that the displays served a secular purpose, educating citizens about the foundations of American law and government. However, the ACLU contended that the displays endorsed religion and, specifically, Christianity. The Supreme Court upheld the injunction, finding that the displays violated the Establishment Clause.
The decision in McCreary County v. ACLU sets an important precedent for the separation of church and state in the United States. It establishes that government displays must not endorse or promote a particular religion. While the specific facts of each case will determine the outcome, the ruling provides guidance for government entities seeking to include religious elements in their displays while remaining within constitutional boundaries.
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The intent of the counties
To further emphasise this message, the Ten Commandments were accompanied by other historical documents with religious connotations, such as the Magna Carta, the Declaration of Independence, the Bill of Rights, the lyrics of the Star-Spangled Banner, and the Mayflower Compact. These additional documents were included to demonstrate the role of religion in the development of American society and its institutions.
The counties' legislative bodies ordered that the displays be placed in "high traffic areas" within the courthouses, ensuring their visibility to individuals conducting business in the buildings. The intent was to make a statement about the role of religion in law and governance and to educate citizens about this perceived connection.
In Pulaski County, the display of the Ten Commandments was hung in a public ceremony by the Judge-Executive, with a local pastor present. This ceremony further emphasised the counties' intent to publicly acknowledge the importance of religion and the Ten Commandments in particular. The pastor's presence and comments reinforced the religious nature of the display and its intended message.
The counties' actions were a direct response to the Establishment Clause of the First Amendment, which prohibits the establishment of religion by the government. By displaying the Ten Commandments, the counties were making a statement about the role of religion in the law, which the ACLU argued was a violation of the First Amendment. The case, therefore, centred on the counties' intent to promote a religious message in a governmental context, and the subsequent constitutional implications of that message.
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The role of the ACLU
The case of McCreary County v. ACLU of Kentucky (2005) saw the American Civil Liberties Union (ACLU) sue three Kentucky counties that had posted large and readily visible copies of the Ten Commandments in their courthouses, with a school district in a third county posting a similar display. The ACLU argued that the counties had violated the Establishment Clause of the First Amendment, which requires the government to maintain neutrality between religions and between religion and secularism.
In response, the counties changed their displays to include a statement that Kentucky laws were based in part on the Ten Commandments. They also added other historical documents with religious connotations, such as the Magna Carta, the Declaration of Independence, and the Bill of Rights, to demonstrate that the Ten Commandments were foundational to American law and government.
The ACLU moved to supplement the preliminary injunction against the counties' third display, arguing that the assertion of broader educational goals was a secular purpose. The district court, following the Lemon v. Kurtzman test, disagreed and extended the injunction to include the third display. The ACLU's motion to include this third display in the preliminary injunction was granted, despite the counties' intent to show that the Commandments were part of the foundation of American law and government.
The case was argued before the Supreme Court of the United States on March 2, 2005, with the Court holding that the counties' manifest objective may be dispositive of the constitutional inquiry and that the development of the presentation should be considered when determining its purpose. The Court reiterated its previous holding in Stone v. Graham, stating that the Commandments are a "'sacred text' in Jewish and Christian faiths" and that their display in public classrooms violates the First Amendment's prohibition of religious establishment.
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The ruling's implications
The ruling in McCreary County v. American Civil Liberties Union (ACLU) has several significant implications. Firstly, it reinforces the importance of religious neutrality in government displays and reinforces the separation of church and state. The ruling sends a clear message that government entities must remain neutral towards religion and avoid endorsing or promoting any particular religious beliefs or practices. This ruling sets a precedent that can be applied to similar cases involving the display of religious texts or symbols in public spaces, such as courthouses or other government buildings.
Secondly, the ruling highlights the role of the Establishment Clause of the First Amendment. The Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. In this case, the court's decision affirmed that the counties' displays of the Ten Commandments violated the Establishment Clause by promoting a specific religion. This ruling reinforces the protection of religious liberty and ensures that the government remains neutral towards religion, accommodating the religious diversity of its citizens.
Thirdly, the ruling considers the intent and purpose behind religious displays. The court's analysis considered not only the content of the displays but also the counties' objective and intent in posting them. This aspect of the ruling sets a precedent for evaluating the constitutionality of similar displays by examining the context and purpose behind them. It underscores the importance of assessing the overall presentation and the motivation of government entities when determining whether a display violates the Establishment Clause.
Additionally, the ruling provides guidance on the use of religious text in government displays. While the decision does not impose a categorical ban on religious text in government displays, it emphasizes the need for neutrality. To uphold religious neutrality, government entities can include non-religious elements alongside religious texts or symbols. This approach ensures that the display does not endorse a particular religion and maintains a balance that respects the religious diversity of the community.
Finally, the ruling's implications extend beyond McCreary County and Pulaski County, Kentucky. The case has set a legal precedent that can influence similar disputes across the United States. It empowers individuals and organizations, such as the ACLU, to challenge religious displays in public spaces that they believe violate the Establishment Clause or infringe on religious liberty. This ruling reinforces the checks and balances within the legal system, ensuring that government actions are scrutinized and held to constitutional standards.
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Frequently asked questions
The constitutional issue was whether the display of the Ten Commandments in courthouses and schools violated the Establishment Clause of the First Amendment, prohibiting the establishment of religion.
The Supreme Court upheld an injunction, finding that the displays were unconstitutional and violated the First Amendment by promoting religion.
Large, gold-framed copies of the King James version of the Ten Commandments, with a citation to the Book of Exodus. The displays were placed in high-traffic areas of the courthouses.
The counties argued that the displays were not solely religious but also educational, aiming to show that the Ten Commandments were part of the foundation of American law and government.
The case set a precedent for the separation of church and state in public institutions and the need for religious neutrality in government displays. It also highlighted the importance of considering the purpose and context of such displays.
