IN OCTOBER 1999, when County Judge Executive Jimmie Greene ordered the Ten Commandments put up on the wall of the McCreary County courthouse, he never imagined that his simple act would impact the entire nation. His solitary action would later create the test case for the First Amendment’s right of freedom of religious expression that would be decided by the U.S. Supreme Court.

Mat Staver, chief counsel for the Liberty Counsel and one of the attorneys arguing before the Court, underscored the tremendous impact of this case on the future of public religious expression. "Either the courts will respect and acknowledge our religious history and faith, or they will be set on a collision course with our faith and values," Staver said. His appraisal if the Court rules against the display was equally sobering. "A loss would mean that thousands of religious references, documents, and symbols on our governmental buildings . . . could be in danger of eradication."

The Court’s decision, expected in June 2005, will actually focus on two separate, but similar, cases. The first is McCreary County v. ACLU of Kentucky. This case began when the Kentucky chapter of the American Civil Liberties Union (ACLU) challenged the constitutionality of Ten Commandments displays in three Kentucky counties. Officials in McCreary and Pulaski counties hung framed copies of the Ten Commandments in their courthouses and, after the display was challenged, added other historical documents such as the Magna Carta and Declaration of Independence. The display in Harlan County was on school property. These cases were consolidated at the 6th U.S. Circuit Court of Appeals, which ruled in favor of the ACLU of Kentucky.

The second case before the Supreme Court is a Texas case known as Van Orden v. Perry. Thomas Van Orden, a former criminal defense attorney, challenged the constitutionality of a Ten Commandments display on the grounds of the Texas Capitol. The capitol building contains various monuments, plaques, and seals depicting the history of Texas. The granite Ten Commandments monument was a gift from the Fraternal Order of Eagles, accepted by a joint resolution of the House and Senate in early 1961. In this case, the 5th U.S. Circuit Court of Appeals ruled that the display was constitutional.

On March 2, 2005, the nation’s highest Court heard oral arguments concerning the Ten Commandments for the first time in history. More than 400 supporters – at least 240 of whom were from Kentucky – gathered at the Supreme Court building, as well as others who opposed the right to display the Commandments on public buildings. Many of those dissenting dispersed after speaking to the media, but supporters remained, holding Ten Commandments signs and praying for the Court to acknowledge the Bible’s influence on our nation. Some prayed as they walked the distance around the Supreme Court building, while others discussed the underlying issues with the few dissenters who lingered.

Though most supporters had made plans to travel to Washington for this event for months, some came on the spur of the moment, having heard that morning on local newscasts that this was the day the Court would hear the Commandments case. Harold Briley, who works with the Department of Education in Nebraska, was in Washington for a conference on education when he learned that that the Court would be hearing the case. He immediately cancelled sightseeing plans in order to be there with other supporters to pray for a favorable ruling. His hopes, he said, were that after the final ruling, "We’d see the Ten Commandments more than ever."

According to news reports after the oral arguments, observers were inclined to believe that Justice Souter sided with the ACLU, while Justice Kennedy seemed to be leaning toward defending the Ten Commandments. Concerning the Texas monument, Kennedy stated, "If an atheist walked by he could avert his eyes. He could think about something else."

A majority of the nine Justices must agree for the ruling to be binding. While most of the Commandments’ supporters who were in the courtroom were upbeat about the possibility of victory, the outcome of these cases will most likely not be known until June.

The crowd understood the historical significance of this ruling. The effort of many to travel hundreds of miles, some with young children, some physically disabled, and many leaving work to be there, underscored their recognition of the importance of the Court’s decision. Their commitment to continue to pray over this ruling seems solid. Many expressed their firm conviction that there was a ‘Higher Court’ over the Supreme Court in Washington, D.C. They were very vocal in their belief that the Judge of that court was in control of all these events: That He has brought the two Ten Commandments cases to the attention of the whole nation for His own purposes.

Herschel Walker, a pastor from Corbin, Kentucky and ardent Ten Commandments supporter, summed up his convictions while speaking to a prayer vigil held the night before. "We had three counties on our mind – God had an entire nation on His mind."

A Timeline

1980 U.S. Supreme Court strikes down Kentucky law requiring the Ten Commandments to hang on the wall of Kentucky schools

1999 Judge Darrel Beshears and Judge Jimmie Greene order Commandments hung in Pulaski County and McCreary County courthouses respectively.

2000 In April, Federal District Judge rules against the Commandments placed in public buildings

2000 In May, Liberty Counsel’s Matt Staver chosen as legal counsel

2002 In December, 6th Circuit Court of Appeals rules against displays of Ten Commandments

2005 March 2, Supreme Court hears oral arguments concerning the public displays of the Ten Commandments for the first time in American history