The reports about the opinion seems to suggest they felt the display was religiously motivated and that didnot change when it was redisplayed in KC.
WASHINGTON — The Supreme Court on Monday declared Ten Commandments displays in two Kentucky courthouses unconstitutional.
The court ruled that in McCreary County v. ACLU (search) that the displays violated the Establishment Clause of the First Amendment, which prohibits government from endorsing or supporting one religion above others.
The justices, split 5-4, ruled that the Ten Commandments could not be displayed in government buildings or property. However, the Biblical tablets could be displayed in an historical context, as they are in a frieze in the Supreme Court building.
"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.
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.
The court also considered another Ten Commandments-related case, Van Orden v. Perry (search), involving a display on the grounds of a Texas courthouse. A ruling on that case was also expected Monday.