In ACLU of Kentucky v. Grayson County, Kentucky, (6th Cir., Jan. 14, 2010), the U.S. 6th Circuit Court of Appeals, in a 2-1 decision, rejected an Establishment Clause challenge to a "Foundations of American Law and Government" display in a county courthouse. The display consisted of nine historical documents, including the Ten Commandments, along with a document explaining the historical importance of each component. The court concluded that the challengers failed to show the county Fiscal Court had a primarily religious purpose in approving the display; nor would an objective observer see the display as a state endorsement of religion. The Court focused on a prior 6th Circuit decision, Mercer County v. ACLU, (see prior posting) that upheld an identical display in another Kentucky county.
Judge Moore, dissenting, said: "The County's asserted purpose here—that the Display was posted for educational or historical reasons—is a sham and should be rejected." She also concluded that the display sent an unmistakable message of endorsing religion.
Liberty Counsel, (which represented Grayson County) urged in its press release on the decision: "Pray that the Lord continues to bless Liberty Counsel as we continue to battle the ACLU in other cases." The Lexington Herald-Leader, reporting on the decision, said that plaintiffs in the case are reviewing the decision to decide whether to file an appeal.
UPDATE: The Cincinnati Enquirer reports that on Jan. 18, just days after the decision, the Ten Commandments were reposted on the Grayson County Courthouse walls. Rev. Charles Shartzer and 200 others joined county officials for the ceremony, at which Shartzer said: "We have Christian leadership. We have leadership that is not ashamed to stand up for God, not ashamed to have this display in our courthouse."
