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American Civil Liberties Union of Kentucky v. McCreary County, Kentucky

Citations: 354 F.3d 438; 2003 U.S. App. LEXIS 25606; 2003 WL 23014362Docket: 01-5935

Court: Court of Appeals for the Sixth Circuit; December 18, 2003; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by two Kentucky counties and a county school district against a district court's order prohibiting the display of the Ten Commandments in public locations, following a lawsuit by the ACLU and individual plaintiffs. The plaintiffs argued that the displays violated the Establishment Clause of the First Amendment, and the district court agreed, issuing a preliminary injunction. The defendants modified the displays to include secular documents but the court found these modifications insufficient, as they still lacked a secular purpose and endorsed religion according to the Lemon test. The district court's decision was based on the finding that the displays predominantly served a religious intent, failing to integrate the Ten Commandments within a secular or historical context. The case highlights the legal conflict between religious displays in public institutions and constitutional requirements for the separation of church and state. The Court affirmed the district court's order, emphasizing the need for objective presentation and secular integration of religious texts in public displays, reinforcing the Establishment Clause's prohibition of governmental endorsement of religion.

Legal Issues Addressed

Establishment Clause of the First Amendment

Application: The court found a strong likelihood that the displays of the Ten Commandments violated the Establishment Clause by lacking a secular purpose and endorsing religion.

Reasoning: The court found a strong likelihood that these displays violated the Establishment Clause of the First Amendment.

Historical Context and Religious Displays

Application: The court emphasized the need for displays to integrate religious texts with secular themes to avoid the perception of government endorsement of religion.

Reasoning: The Court concludes that the text of the Ten Commandments in the schoolhouse and courthouse displays reveals a clear religious intent, as they do not integrate the Ten Commandments with secular subject matter.

Judicial Review and Standard of Evaluation for Displays

Application: The court evaluated the displays using the Lemon test and the endorsement test, focusing on whether the displays would be perceived as a government endorsement of religion.

Reasoning: The second prong of the Lemon test, as refined in Lynch, examines if a reasonable observer perceives the government action as endorsing religion.

Lemon Test for Establishment Clause Violations

Application: The displays failed the 'purpose' and 'effect' prongs of the Lemon test, as they were found to lack a secular purpose and primarily endorse religion.

Reasoning: Plaintiffs obtained a preliminary injunction from the district court to prevent Defendants from displaying modified exhibits, which the court found violated the 'purpose' and 'effect' prongs of the Lemon test, lacking a secular purpose and endorsing religion.

Preliminary Injunctions and the Establishment Clause

Application: The district court issued a preliminary injunction, determining that plaintiffs demonstrated a likelihood of success on the merits of their Establishment Clause claim.

Reasoning: The plaintiffs demonstrated a likelihood of success on their Establishment Clause claim, leading to the affirmation of the district court’s order to remove the displays from the courthouses and schools involved.