McCreary County v. ACLU

In Spring 2005, the Supreme Court will hear arguments in McCreary County, Kentucky, et al. v. American Civil Liberties Union of Kentucky, et al. The Becket Fund for Religious Liberty submitted an amicus (friend of the court) brief (PDF format) in the case, supporting the petitioners' claims that a Ten Commandments display on government property does not violate the U.S. Constitution’s Establishment Clause.

The Becket Fund argues that letting the lower court’s decision stand would prohibit a laudable practice that began with the country’s founding--government acknowledgement of the various religious aspects of a culturally diverse society. 

“Government speech often involves cultural expression, in the form of public monuments, memorials, festivals, and others. And in a society like ours, where religious freedom and diversity are such cherished values, the variety of religious views and the ensuing debate among them inform and energize the broader culture in meaningful ways,” the brief explains. “Rather than require that these religious elements be targeted for special exclusion from government expression, our Constitution requires only that they not privilege one religion over others, or privilege the religious over the secular.”

The privately-donated display at the McCreary County courthouse was part of an exhibit of nine historical items that contributed to the development of American law. As the other eight items were secular, the display did nothing more than recognize that religion is one patch of the broader--secular and religious--cultural quilt. It did not coerce compliance with or endorse religion in any way.

Resources & Documents

• "Word From O'Connor Sets Off Pre-Fourth Fireworks," Washington Post, July 2, 2005 (PDF, 36.21KB)

Articles & News Items

• "Ten Commandments displays do not violate Establishment Clause," March 2, 2005
• "High Court Splits on 10 Commandments Cases," June 27, 2005
• ""'Motive Meters' Required," by Anthony Picarello, USA Today," June 28, 2005
• ""Christian Groups Plan More Monuments," Washington Post," June 28, 2005
• ""Conservatives to Seek Voters' Support for Commandments," NY Times," June 29, 2005
• ""Our Religious Culture," by William Raspberry, Washington Post," July 11, 2005