Split 6th Circuit Panel Denies Rehearing In 10 Commandments Case

In a 2-1 decision issued in January, the U.S. 6th Circuit Court of Appeals rejected an Establishment Clause challenge to a "Foundations of American Law and Government" display (including the 10 Commandments) that had bee placed in the Grayson County, Kentucky courthouse. The majority held that challengers failed to show a religious purpose in approving the display. (See prior posting.) Today in American Civil Liberties Union of Kentucky v. Grayson County, Kentucky, (6th Cir., May 14, 2010), the 6th Circuit by the same 2-1 vote denied a rehearing in the case. The ACLU claimed that a genuine issue of material fact should lead to vacating the summary judgment award. It focused on statements made by the county's Judge Executive at the time the county removed the Ten Commandments document from the display in order to comply with a preliminary injunction that had been issued by a federal district court. In written opinions denying the rehearing, the majority said that the alleged statements did not show a religious purpose. Judge Moore, dissenting, argued that in context the remarks could demonstrate a religious purpose. Liberty Counsel issued a press release on today's action by the court.