Cert. Filed In Kentucky 10 Commandments Case

A petition for certiorari (full text) was filed yesterday in McCreary County, Kentucky v. ACLU of Kentucky.  In the case, a majority of a 6th Circuit panel (see prior posting) approved issuance of a permanent injunction against a display of the 10 Commandments with other historical documents that refer to God in two Kentucky county court houses. In 2005, the U.S. Supreme Court found the display violated the Establishment Clause, but later litigation focused on whether the counties had changed their religious purposes for the display. The 6th Circuit denied en banc review. (See prior posting.) The petition seeking Supreme Court review asks the Court to replace the Lemon test with a new Establishment Clause test for passive religious displays. Liberty Counsel issued a press release announcing the filing of the cert. petition.