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McCreary County v. American Civil Liberties Union of KY

Judicial Watch filed an amicus (friend of the court) brief with the U.S. Supreme Court in a case involving Ten Commandments displays on government property.

 

The case involved displays in two courthouses in McCreary and Pulaski counties in Kentucky which included the Ten Commandments and other historically important documents, such as the Declaration of Independence and the Magna Carta, in order to educate the public about the foundations of our legal system. The American Civil Liberties Union challenged the displays, arguing that they violated the doctrine of the "separation of church and state."

 

Judicial Watch argued that the courthouse Ten Commandments displays should be allowed to remain, even though they touched upon a religious theme.  “Our national motto, our currency, and our Pledge of Allegiance, all demonstrate that there was never meant to be a complete separation of religion and government,” Judicial Watch noted in its brief.  The Establishment Clause of the U.S. Constitution was intended to prohibit the establishment of a national church or religion, not to prohibit all public religious expression.

 

While the Supreme Court ruled in a 5-4 decision that these courthouse displays were unconstitutional, they also upheld the public display of the Ten Commandments on government property in a separate case.  In other words, the role of religion in government is far from settled.

 

The following is a copy of Judicial Watch's brief which makes strong arguments with respect to the misapplication of the Establishment Clause of the U.S. Constitution.

 

v      Judicial Watch’s Supreme Court Brief



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