When the U.S. Supreme Court listens to oral arguments next week in two disputes concerning government displays of the Ten Commandments, some experts in school law will be paying close attention. They hope to hear the Court address not only the issue of religious texts or symbols on public property, but also to provide clarity on the various church-state controversies that frequently arise in public schools.
Julie Underwood, the general counsel of the National School Boards Association, expresses the need for clear and consistent authority from the Court. She emphasizes that if the Court continues to be indecisive in their analysis, confusion will persist.
The cases in question involve appeals of conflicting lower court decisions. McCreary County v. American Civil Liberties Union of Kentucky seeks to reverse a ruling by the U.S. Court of Appeals for the 6th Circuit, which declared displays of the Ten Commandments in two county courthouses unconstitutional. Van Orden v. Perry concerns a decision by the U.S. Court of Appeals for the 5th Circuit, which found that a monument featuring the Ten Commandments on the grounds of the Texas State Capitol was constitutional. The Bush administration has taken the side of maintaining the displays in both cases.
Furthermore, lawsuits over displays of the Ten Commandments on school grounds have been pending in lower federal courts, including one that was previously consolidated with the McCreary case. These cases from Ohio and others are awaiting action by the Supreme Court, which has delayed its decision while considering the appeals in McCreary and Van Orden.
The Supreme Court is revisiting this subject for the first time since 1980 when it struck down a Kentucky law that required the Ten Commandments to be posted in all public school classrooms. In that ruling, the Court emphasized that the law violated the First Amendment’s prohibition against government establishment of religion.
The National School Boards Association and its allies argue that the current cases involve more than just the Ten Commandments. They claim that questions regarding the role of religion in public schools are prevalent throughout the nation and that there is a need for clearer guidance. They urge the justices to establish a single test for resolving conflicts related to the First Amendment’s religion clauses. This test should determine whether government entities have effectively endorsed religion through their actions.
Mr. Manion, who resides in New Hope, Kentucky, is representing an Ohio school district in their appeal to the Supreme Court regarding the 6th Circuit appeals court’s ruling that invalidated the display of the Ten Commandments in four high schools. The Supreme Court has yet to make a decision on this appeal, labeled Adams County/Ohio Valley School Board v. Baker (No. 04-65), just as they have also postponed their decision on the Harlan County v. ACLU of Kentucky (No. 03-1698) case involving Kentucky schools. "We are assuming that they are simply delaying their decision until they have resolved the McCreary case, and then we will have to determine the best course of action," explained Mr. Manion.
