Court: Supreme Court of the United States; January 12, 1981; Federal Supreme Court; Federal Appellate Court
A Kentucky statute mandated the posting of the Ten Commandments in public classrooms, funded by private contributions. Petitioners challenged the statute, arguing it violated the First Amendment's Establishment and Free Exercise Clauses. The state trial court upheld the statute, citing its purported secular purpose, which the Kentucky Supreme Court affirmed by an equally divided decision. The Supreme Court of the United States reversed, applying a three-part test from *Lemon v. Kurtzman* to evaluate the statute’s constitutionality: it must have a secular legislative purpose, its primary effect must neither advance nor inhibit religion, and it must not foster excessive government entanglement with religion. The Court found the statute lacked a secular legislative purpose, emphasizing that the Ten Commandments are fundamentally religious texts, with their primary content focused on religious duties. The Court rejected the legislature's claims of a secular purpose as insufficient to prevent conflict with the First Amendment.
The posting of the Ten Commandments in schools does not serve an educational purpose and instead encourages students to read and venerate the text, which is not permissible under the Establishment Clause. The funding of these postings by private contributions does not negate the state's official endorsement, which the Establishment Clause prohibits. The Court determined that this action fails the first part of the Lemon v. Kurtzman test, leading to a reversal of the lower court's judgment. Dissenting opinions argue that the statute was intended to have a secular purpose, as stated by the Kentucky legislature, and criticize the Court for rejecting this legislative intent without precedent. The dissenters highlight that previous cases have recognized the importance of legislative articulations of purpose in Establishment Clause evaluations and that the Kentucky statute was consistent with secular educational goals.
The overlapping of a secular purpose with a perceived religious objective does not inherently violate constitutional principles. The Court, referencing McGowan v. Maryland, upheld Sunday closing laws by emphasizing their aim to provide a uniform day of rest, despite Sunday’s significance to Christianity. In contrast, Abington School District v. Schempp involved laws without established secular purposes, where the state’s intent was identified as religious. In this case, however, the Kentucky trial court found that the Ten Commandments significantly influenced secular legal codes, a conclusion supported by evidence. The Court recognized that the Ten Commandments possess substantial secular attributes and can be presented to students with an explanation of their secular importance. The Establishment Clause does not necessitate complete separation from elements that bear religious significance, acknowledging that religion is intertwined with U.S. history and governance. Kentucky aims to educate students on this relationship through the Ten Commandments, aligning with Justice Jackson's assertion that complete exclusion of religious influences from secular education is impractical, particularly in subjects like art, where religious themes are historically significant.
Understanding the impact of religion on culture and education is essential for preparing individuals for societal participation. The author argues against a recent decision by the Kentucky Supreme Court that overturned a statute requiring the display of the Ten Commandments in public school classrooms without oral argument or briefs. The statute mandates that a durable copy of the Ten Commandments be displayed in classrooms, along with a note explaining its secular significance in Western legal tradition. The funding for these displays is to come from voluntary contributions to the state treasurer.
The First Amendment's establishment clause, applicable to states via the Fourteenth Amendment, is highlighted, noting the Supreme Court's acknowledgment of the Bible's religious role. Despite the private funding aspect, the state incurs public expenses related to the statute, as it involves administrative actions by the state treasurer. The dissent points out that previous Supreme Court cases regarding state assistance to private schools are not comparable, as those cases served a legitimate educational purpose, unlike the Ten Commandments display, which lacks a similar secular intent. The Court also emphasizes that while the Ten Commandments have religious origins, they have significant secular implications, thus not requiring a sanitized version for educational purposes.
