Holy Moses: What Do We Do With the Ten Commandments?

Authors

Haynes Maier
Eric R. Mull

Publication Date

3-2006

Document Type

Casenote

Abstract

In McCreary County v. ACLU, the United States Supreme Court held displays of the Ten Commandments in two county courthouses unconstitutional because the displays violated the Establishment Clause of the United States Constitution. However, in Van Orden v. Perry, the United States Supreme Court held that a display of the Ten Commandments on the Texas State Capitol grounds did not violate the Establishment Clause. This obvious contradiction does little to resolve the uncertainty of current Establishment Clause jurisprudence. In McCreary the Court reaffirmed the Establishment Clause test articulated in Lemon v. Kurtzman, while at the same time rejecting the test in Van Orden.Clearly, having religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause. Courts have the choice of using the Lemon test or inquiring into a religious display's history, purpose, and context, or some combination of both.

Recommended Citation

Maier, Haynes and Mull, Eric R. (2006) "Holy Moses: What Do We Do With the Ten Commandments?," Mercer Law Review: Vol. 57: No. 2, Article 7.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol57/iss2/7