Tuesday, April 01, 2008

Kentucky Court Permanently Enjoins 10 Commandments Display

In ACLU of Kentucky v. Grayson County, Kentucky, (WD KY, March 28, 2008), a Kentucky federal district court permanently enjoined a display of the Ten Commandments as part of a Foundations of American Law and Government Display in the Grayson County (KY) Courthouse. This follows up on a preliminary injunction issued in 2002, after which the County removed the 10 Commandments from the display, but re-hung on the wall the empty frame in which they had appeared. In granting the permanent injunction, the court first held that county residents who are users of the courthouse and taxpayers, as well as the ACLU, have standing. It then concluded that the display violates the Establishment Clause because the Grayson County Fiscal Court had a predominately religious purpose in approving the display and a reasonable person would conclude it had the effect of endorsing religion.

In a press release issued Sunday, the ACLU of Kentucky praised the decision saying it is not the business of government to endorse religious beliefs. Today's Louisville Courier-Journal, reporting on the decision, says that an appeal is planned. It quoted Rev. Chester Shartzer who originally requested that the county install the display. He complained that the court's decision was "not fair to the children" because it removed part of "our heritage" from the display.