Posted on 06/27/2005 8:22:59 AM PDT by Millicent_Hornswaggle
WASHINGTON — A divided Supreme Court on Monday struck down Ten Commandments displays in two Kentucky courthouses, but said a 6-foot granite replica on government land in Texas was acceptable. In the first ruling, McCreary County v. ACLU (search), the court said that the Kentucky displays violated the Establishment Clause of the First Amendment, which prohibits government from endorsing or supporting one religion above others. The justices ruled split 5-4 that the Ten Commandments (search) could not be displayed in court buildings or on government property. However, the Biblical laws could be displayed in an historical context, as they are in a frieze in the Supreme Court building. Notably, the first four commandments, which have to do with honoring God and the Sabbath, were obscured by the artist who designed the frieze. "The touchstone for our analysis is the principle that the First Amendment mandates government neutrality between religion and religion, and between religion and nonreligion," Justice David H. Souter wrote for the majority. "When the government acts with the ostensible and predominant purpose of advancing religion, it violates that central Establishment clause value of official religious neutrality," he said. Souter was joined in his opinion by other members of the liberal bloc — Justices John Paul Stevens, Ruth Bader Ginsburg and Stephen G. Breyer, as well as Reagan appointee Sandra Day O'Connor, who provided the swing vote. In a dissent, Justice Antonin Scalia argued that Ten Commandments displays are a legitimate tribute to the nation's religious and legal history. "In the court's view , the impermissible motive was apparent from the initial displays of the Ten Commandments all by themselves: When that occurs: the Court says, a religious object is unmistakable," he wrote.
(Excerpt) Read more at foxnews.com ...
It could be worse, but it could also be much better.
"prohibits government from endorsing or supporting one religion above others . . ."
Of course, the establisment clause says no such thing; but even if it did, the Ten Commandments underlie, oh, about 75 "religions" in these United States. Is it because they don't support wicken?
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