Facts: The American Civil Liberties Union (ACLU) filed a lawsuit against McCreary County at a federal district court because of displaying copies of framed Ten Commandments in public schools and courthouses. The ACLU argued that the county display of the Ten Commandments was unconstitutional because it sullied the First Amendment establishment clause that bars the American government from making laws that favor or respect the establishment of religion legal. The district court ruled that displaying the Ten Commandments in public schools and courthouses went against the establishment clause. The Sixth Circuit Court of Appeal also ruled the display unconstitutional for violating the first establishment.
Issue: Whether displaying the Ten Commandments in public schools and courthouses violates the establishment clause of the First Amendment that bans the government from allowing the passing of laws that, allow the establishment of religion. Moreover, was the display of the Ten Commandments a purpose to promote religion and was it sufficient to invalidate the display.
Holding: Vote 5-4. Yes. The ruling by a majority was that the display of the Ten Commandments in government properties i.e., in public schools and courthouses was unconstitutional because it amounts to mixing religion and government in a secular country.
Reasoning: The majority reasoning delivered by Justice David Souter and the rule of the law in the First Amendment Establishment Clause bans any attempts to advance religion. The purpose of displaying the Ten Commandments was to promote religion in a secular country and mix it with the government because the purpose was religious thus the Ten Commandments had to be brought down. Therefore, by displaying the Ten Commandments the government was permitting the endorsement of religion that violates the Establishment Clause in the First Amendment. The display of the Ten Commandments put one religion – Christianity above other religions in the country thus violating neutrality in religion in the country.
In application, McCreary County violates the Establishment Clause in the First Amendment that bans the government from advancing religion. Justice Souter used the case Lemon V. Kurtzman 403 U.S. 602 that held that any statute must only advance a secular purpose, the statute fundamental principle must not foster or inhibit religion and it must not promote entanglement of government and religion.
The Dissent Justice Scalia disagreed with the majority ruling because the majority of religions in America that is Christianity, Islam, and Jewish believe in the commandments and they constitute about 97 percent of the country’s population thus they cannot be said to be government’s enforcement of religion that is widely embraced by a broad and diverse population. Moreover, presidents of the United State acknowledge God in public forums such as ending their speeches with the words ‘God bless America.’ ‘The words ‘In God, we trust’ is found in the coinage yet the senate adopted those words by a majority. The fact that the government allows prayers led by chaplains from different religions at the beginning of functions and use taxpayer money to pay them shows a contradiction of the ruling in the case. The majority of Americans have not indicated that their views on an acknowledgment of God have changed since 1789. Furthermore, sessions in courthouses begin with the words in prayer that God saves the country and the courthouse. Thus, ruling that the Ten Commandments be brought down shows inconsistencies in the circumstances when religion is or is not allowed. Why then does the court suspend the application of the principle of religious neutrality?