Contrasting court rulings on religion

Parks & Recreation, August, 2005

On the last day of the 2004-2005 term, the U.S. Supreme Court ruled in favor of a Ten Commandments monument on the Texas State Capitol grounds in Austin, and against a similar display on the wall of two county courthouses in Kentucky. Both rulings were 5-4, with the swing vote determining both cases cast by the same justice, Stephen Breyer.

In the Texas case, Breyer argued that the placement of a six-foot-tall monument that was donated by a social and civic group, helped recognize the group's efforts in combating juvenile delinquency. "The monument sits in a large park containing 17 monuments and 21 historical markers, all designed to illustrate the 'ideals' of those who settled in Texas and of those who have lived there since that time," Breyer writes. "The setting does not readily lend itself to meditation or any other religious activity." In the Kentucky case, Breyer ruled that the proposed posting of the Decalogue on the walls of two county courthouses was advocating religion because the county specifically chose documents relating to Christianity, and not documents considered to create a foundation of American law--the county's initial goal. These rulings, especially the Texas case, could have a huge impact on whether Ten Commandment monuments located on park grounds throughout the country will remain.