THE FAMILY FOUNDATION

In 1980, the U.S. Supreme Court ruled that posting the Ten Commandments on a bulletin board in a Kentucky public school was unconstitutional, but they never said anything about other public areas. After refusing to revisit the issue for nearly a quarter century, the nation’s highest court decided on Oct. 12 to hear an appeal by McCreary, Pulaski and Harlan counties, which had Ten Commandments displays banned by the 6th U.S. Circuit Court of Appeals last December.

"The decision to review a case involving the display of the Ten Commandments is long overdue," said Mat Staver, head of Liberty Counsel and lead counsel for McCreary and Pulaski Counties. “The lower courts are hopelessly in confusion over the constitutionality of governmental displays of the Ten Commandments."

State and federal courts are sharply divided over the legality of public Ten Commandments displays. Four federal circuit courts and one state supreme court have ruled that such displays are constitutional, while three federal circuit courts hold that such displays are illegal. The U.S. Supreme Court will also decide the constitutionality of a Ten Commandments monument on the Texas state capitol grounds. A positive ruling could allow Kentucky to restore its Ten Commandments monument on the capitol grounds in Frankfort according to attorney Frank Manion of the American Center for Law and Justice.

Just as the infamous 1980 *Stone v. Graham* ruling set a nationwide precedent which banned the Ten Commandments from public school classrooms, this case is expected to have a similar effect on public buildings across the country. The case originated when McCreary and Pulaski county officials set up public historical displays which included the Ten Commandments, Declaration of Independence, Magna Carta, Bill of Rights, and other similar documents. Harlan County officials sponsored a similar display in public school buildings.

“Our history is replete with references to the Ten Commandments,” Staver said. “There is no question that the Ten Commandments played a significant role in the origin of American law and government and that they may be constitutionally displayed for their historical significance.” The latest national polls show 75 percent of Americans support displaying the Commandments in public places. In addition, 90 percent of candidates for legislative office in Kentucky indicated in the 2004 *Kentucky Candidate Information Survey* that they supported such freedom. (See page 6.)

Frank Manion believes much more is at stake than whether or not the Ten Commandments can be publicly posted. “This issue is really about free speech and the ability of citizens and elected officials to exercise their right without approval of the ACLU,” Manion said.

Manion, who successfully defended a Mercer County Ten Commandments display in federal court, expects the Court to issue its ruling by next June.
Key Family Foundation Contacts: Kent Ostrander , Executive Director Martin Cothran , Senior Associate Policy Analyst

In 1980, the U.S. Supreme Court ruled that posting the Ten Commandments on a bulletin board in a Kentucky public school was unconstitutional, but they never said anything about other public areas. After refusing to revisit the issue for nearly a quarter century, the nation’s highest court decided on Oct. 12 to hear an appeal by McCreary, Pulaski and Harlan counties, which had Ten Commandments displays banned by the 6th U.S. Circuit Court of Appeals last December.

"The decision to review a case involving the display of the Ten Commandments is long overdue," said Mat Staver, head of Liberty Counsel and lead counsel for McCreary and Pulaski Counties. “The lower courts are hopelessly in confusion over the constitutionality of governmental displays of the Ten Commandments."

State and federal courts are sharply divided over the legality of public Ten Commandments displays. Four federal circuit courts and one state supreme court have ruled that such displays are constitutional, while three federal circuit courts hold that such displays are illegal. The U.S. Supreme Court will also decide the constitutionality of a Ten Commandments monument on the Texas state capitol grounds. A positive ruling could allow Kentucky to restore its Ten Commandments monument on the capitol grounds in Frankfort according to attorney Frank Manion of the American Center for Law and Justice.

Just as the infamous 1980 Stone v. Graham ruling set a nationwide precedent which banned the Ten Commandments from public school classrooms, this case is expected to have a similar effect on public buildings across the country. The case originated when McCreary and Pulaski county officials set up public historical displays which included the Ten Commandments, Declaration of Independence, Magna Carta, Bill of Rights, and other similar documents. Harlan County officials sponsored a similar display in public school buildings.

“Our history is replete with references to the Ten Commandments,” Staver said. “There is no question that the Ten Commandments played a significant role in the origin of American law and government and that they may be constitutionally displayed for their historical significance.” The latest national polls show 75 percent of Americans support displaying the Commandments in public places. In addition, 90 percent of candidates for legislative office in Kentucky indicated in the 2004 Kentucky Candidate Information Survey that they supported such freedom. (See page 6.)

Frank Manion believes much more is at stake than whether or not the Ten Commandments can be publicly posted. “This issue is really about free speech and the ability of citizens and elected officials to exercise their right without approval of the ACLU,” Manion said.

Manion, who successfully defended a Mercer County Ten Commandments display in federal court, expects the Court to issue its ruling by next June.