mccreary county kentucky et al american civil liberties union kentucky et argued march decided june petitioners two kentucky counties posted large readily visible copies ten commandments courthouses respondents american civil liberties union aclu et sued enjoin displays ground violated first amendment establishment clause counties adopted nearly identical resolutions calling extensive exhibit meant show commandments kentucky precedent legal code resolutions noted several grounds taking position including state legislature acknowledgment christ prince ethics displays around commandments modified include eight smaller historical documents containing religious references sole common element declaration independence endowed creator passage entering preliminary injunction district followed lemon kurtzman test find inter alia original display lacked secular purpose commandments distinctly religious document second version lacked purpose counties narrowly tailored selection foundational documents specifically referring christianity changing counsel counties revised exhibits new resolution authorized new exhibits counties repeal resolutions preceded second one new posting entitled foundations american law government display consists nine framed documents equal size one sets commandments explicitly identified king james version quotes greater length explains profoundly influenced formation western legal thought nation commandments framed copies star spangled banner lyrics declaration independence accompanied statements historical legal significance aclu motion district included third display injunction despite counties professed intent show commandments part foundation american law government educate county citizens documents took proclaiming commandments foundational value religious rather secular purpose stone graham found counties asserted educational goals crumbled upon examination litigation history affirming sixth circuit stressed stone displaying commandments bespeaks religious object unless integrated secular message saw integration lack demonstrated analytical historical connection commandments documents held determination counties purpose sound basis ruling establishment clause complaints counties objective may dispositive constitutional enquiry pp lemon secular legislative purpose enquiry government acts ostensible predominant purpose advancing religion violates central establishment clause value official religious neutrality neutrality government ostensible object take sides corporation presiding bishop church jesus christ saints amos purpose favor one faith another adherence religion generally clashes understanding liberty social stability demand tolerance respects religious views citizens zelman pp declines counties request abandon lemon purpose test assertions true purpose unknowable search merely excuse courts act selectively unpredictably picking evidence subjective intent seismic unconvincing examination purpose staple statutory interpretation every american appellate general dynamics land systems cline governmental purpose key element good deal constitutional doctrine washington davis scrutinizing purpose makes practical sense establishment clause analysis understanding official objective emerges readily discoverable fact set forth statute text legislative history implementation comparable official act wallace jaffree indication purpose enquiry rigged practice finding religious purpose dominant every time case filed pp also avoids counties alternative tack trivializing purpose enquiry read cases enquiry naive transparent claim secularity satisfy cut context enquiry point ignoring history matter bearing actually significance current circumstances precedent arguments reason supporting pp legislature stated reasons generally warrant deference owed first instance official claims lemon requires secular purpose genuine sham merely secondary religious objective see santa fe independent school dist doe unusual cases claim apparent sham secular purpose secondary unsurprising results findings adequate secular object predominantly religious one see stone supra pp counties argument purpose case like inferred latest series governmental actions however close may time subject bucks common sense reasonable observers reasonable memories precedents sensibly forbid observer turn blind eye context policy arose santa fe supra pp evaluation counties claim secular purpose ultimate displays may take evolution account development presentation considered determining purpose pp stone initial benchmark case dealing constitutionality displaying commandments recognized commandments instrument religion least facts text display presumptively understood meant advance religion although state law specifically required posting classrooms isolated exhibition allow even argument secular education explained hence looks record showing progression leading commandments third display beginning first pp two obvious similarities display stone rejected first one set commandments text distinct traditionally symbolic representation like blank tablets stood alone part arguably secular display stone stressed significance integrating commandments secular scheme forestall broadcast otherwise clearly religious message good reason commandments central point reference religious moral history jews christians proclaim existence monotheistic god gods regulate details religious obligation graven images sabbath breaking vain oath swearing unmistakably rest even universally accepted prohibitions murder theft etc sanction divinity proclaimed text beginning displaying text thus different symbolic representation like tablets roman numerals seen alluding general notion law sectarian conception faith text set insistence religious message hard avoid absence context plausibly suggesting message going beyond excuse promote religious point view display stone context counties solo exhibit nothing counter sectarian implication stone postings reasonable observer think counties meant emphasize celebrate commandments religious message pp counties second display unlike first hang commandments isolation included statement government purpose expressly set county resolutions underscored juxtaposing commandments documents whose references god highlighted sole common element display unstinting focus religious passages showing counties posted commandments precisely sectarian content demonstration government objective enhanced serial religious references accompanying resolutions claim embodiment ethics christ together display resolution presented indisputable undisputed showing impermissible purpose pp lower courts conclusion legitimizing secular purpose prompted counties third display foundations american law government exhibit amply justified display placed commandments company documents counties deemed especially significant historical foundation american government trying persuade district lift preliminary injunction counties cited several new purposes third version including desire educate county citizens significance documents displayed counties claims however persuaded neither intimately familiar litigation details sixth circuit lower courts unable discern arguably valid secular purpose normally hesitate find one edwards aguillard counties new statements purpose presented litigating position authorizing resolutions counties governing boards although repeal earlier county authorizations erased record evidence bearing current purpose extraordinary resolutions second displays passed months earlier repealed otherwise repudiated indeed sectarian spirit resolutions found enhanced expression third display quoted commandment purely religious language first two displays done reasonable observer therefore accept claim counties cast objective unmistakable earlier displays selection posted material suggest clear theme might prevail evidence continuing religious object example least odd collection documents said foundational include patriotic anthem omit fourteenth amendment significant structural provision adopted since original framing observer probably suspect counties reaching way keep religious document walls courthouses constitutionally required embody religious neutrality pp holding preliminary injunction adequately supported evidence counties purpose changed third stage decide counties past actions forever taint effort part deal subject matter holds purpose taken seriously establishment clause understood light context district courts fully capable adjusting preliminary relief take account genuine changes constitutionally significant conditions hold sacred text never integrated constitutionally governmental display law history courtroom frieze depicts moses holding tablets exhibiting portion secularly phrased commandments company lawgivers secular figures risk moses strike observer evidence national government violating religious neutrality affirmed souter delivered opinion stevens ginsburg breyer joined filed concurring opinion scalia filed dissenting opinion rehnquist thomas joined kennedy joined parts ii iii mccreary county kentucky et tioners american civil liberties union kentucky et al writ certiorari appeals sixth circuit june justice souter delivered opinion executives two counties posted version ten commandments walls courthouses suits filed charging violations establishment clause legislative body county adopted resolution calling extensive exhibit meant show commandments kentucky precedent legal code def exh memorandum support defendants motion dismiss civ ed hereinafter def exh result instance modified display commandments surrounded texts containing religious references sole common element changing counsel counties revised exhibits eliminating documents expanding text set another adding new ones issues whether determination counties purpose sound basis ruling establishment clause complaints whether evaluation counties claim secular purpose ultimate displays may take evolution account hold counties manifest objective may dispositive constitutional enquiry development presentation considered determining purpose summer petitioners mccreary county pulaski county kentucky hereinafter counties put respective courthouses large copies abridged text king james version ten commandments including citation book mccreary county placement commandments responded order county legislative body requiring display posted high traffic area courthouse supp ed pulaski county amidst reported controversy propriety display commandments hung ceremony presided county called good rules live recounted story astronaut became convinced must divine god viewing earth moon dodson commonwealth journal jul memorandum support plaintiffs motion preliminary injunction civ ed internal quotation marks omitted accompanied pastor church called commandments creed ethics told press ceremony displaying commandments one greatest things judge done close millennium internal quotation marks omitted counties version commandments posted thou shalt gods thou shalt make unto thee graven images thou shalt take name lord thy god vain remember sabbath day keep holy honor thy father thy mother thou shalt kill thou shalt commit adultery thou shalt steal thou shalt bear false witness thou shalt covet exodus def exh memorandum support defendants motion dismiss civ ed hereinafter def exh county hallway display readily visible county citizens use courthouse conduct civic business obtain renew driver licenses permits register cars pay local taxes register vote supp american civil liberties union kentucky pulaski county kentucky supp ed november respondents american civil liberties union kentucky et al sued counties federal district rev stat sought preliminary injunction maintaining displays aclu charged violations prohibition religious establishment included first amendment within month district responded request injunction legislative body county authorized second expanded display nearly identical resolutions reciting ten commandments precedent legal code upon civil criminal codes kentucky founded stating several grounds taking position ten commandments codified kentucky civil criminal laws kentucky house representatives voted unanimously adjourn remembrance honor jesus christ prince county judge magistrates agree arguments set judge roy moore defense display ten commandments courtroom founding father explicit understanding duty elected officials publicly acknowledge god source america strength direction def exh directed resolutions counties expanded displays ten commandments locations presumably along copies resolution instructed posted addition first display large framed copy edited king james version second included eight documents smaller frames either religious theme excerpted highlight religious element documents endowed creator passage declaration independence preamble constitution kentucky national motto god trust page congressional record february proclaiming year bible including statement ten commandments proclamation president abraham lincoln designating april national day prayer humiliation excerpt president lincoln reply loyal colored people baltimore upon presentation bible reading bible best gift god ever given man proclamation president reagan marking year bible mayflower compact supp supp argument district entered preliminary injunction may ordering display removed county courthouse immediately county official erect cause erected similar displays supp supp analysis situation followed formulation first stated lemon kurtzman governmental purpose concluded original display lack ed secular purpose commandments distinctly religious document believed many christians jews direct revealed word god supp supp although counties maintained original display meant educational narrow scope display single religious text unaccompanied interpretation explaining role foundational document hardly said present meaningfully story country religious traditions supp supp found second version also clearly lack ed secular purpose count ies narrowly tailored selection foundational documents incorporate specific references christianity supp supp counties filed notice appeal preliminary injunction voluntarily dismissed hiring new lawyers installed another display courthouse third within year new resolution authorized one counties repeal resolutions preceded second posting consists nine framed documents equal size one setting ten commandments explicitly identified king james version exodus supp ed quoted greater length thou shalt gods thou shalt make unto thee graven image likeness thing heaven earth beneath water underneath earth thou shalt bow thyself serve lord thy god jealous god visiting iniquity fathers upon children unto third fourth generation hate thou shalt take name lord thy god vain lord hold guiltless taketh name vain remember sabbath day keep holy honour thy father thy mother thy days may long upon land lord thy god giveth thee thou shalt kill thou shalt commit adultery thou shalt steal thou shalt bear false witness thy neighbour thou shalt covet thy neighbour house thou shalt covet th neighbor wife manservant maidservant ox ass anything th neighbour app pet cert assembled commandments framed copies magna carta declaration independence bill rights lyrics star spangled banner mayflower compact national motto preamble kentucky constitution picture lady justice collection entitled foundations american law government display document comes statement historical legal significance comment ten commandments reads ten commandments profoundly influenced formation western legal thought formation country influence clearly seen declaration independence declared hold truths men created equal endowed creator certain unalienable rights among life liberty pursuit happiness ten commandments provide moral background declaration independence foundation legal tradition aclu moved supplement preliminary injunction enjoin counties third counties responded several explanations new version including desires demonstrate ten commandments part foundation american law government educate citizens county regarding documents played significant role foundation system law government supp internal quotation marks omitted however took objective proclaiming commandments foundational value religious rather secular purpose stone graham per curiam supp found assertion counties broader educational goals secular crumble upon examination history litigation ibid light counties decision post commandments first instance contrary stone later accentuat religious objective surrounding commandments specific references christianity district understood counties clear purpose post commandments supp internal quotation marks omitted requested trial supplemented injunction divided panel appeals sixth circuit affirmed circuit majority stressed stone displaying commandments bespeaks religious object unless integrated material carry secular message majority judges saw integration lack demonstrated analytical historical connection commandments documents noted particular counties offered support claim ten commandments provide moral backdrop declaration independence otherwise profoundly influenced ibid internal quotation marks omitted majority found counties purpose religious educational given nature commandments active symbol religion stating religious duties believers judges majority understood identical displays emphasize single religious influence mention religious secular influences took history litigation evidence counties religious objective judge ryan dissented basis wide recognition religion ten commandments particular played foundational part evolution american law government saw reason gainsay counties claim secular purposes dissent denied prior displays bearing constitutionality current one history unconstitutional displays used sword strike otherwise constitutional display granted certiorari affirm ii years ago case prompted posting ten commandments kentucky public schools recognized commandments undeniably sacred text jewish christian faiths held display public classrooms violated first amendment bar establishment religion stone counties ask different approach arguing official purpose unknowable search inherently vain alternative counties avoid district conclusion us limit scope purpose enquiry severely trivial rationalization suffice standard oblivious history religious government action like progression exhibits case ever since lemon kurtzman summarized three familiar considerations evaluating establishment clause claims looking whether government action secular legislative purpose common albeit seldom dispositive element cases concurring judgment touchstone analysis principle first amendment mandates governmental neutrality religion religion religion nonreligion epperson arkansas everson board ed ewing wallace jaffree supra government acts ostensible predominant purpose advancing religion violates central establishment clause value official religious neutrality neutrality government ostensible object take sides corporation presiding bishop church jesus christ saints amos lemon requirement aims preventing government abandoning neutrality acting intent promoting particular point view religious matters manifesting purpose favor one faith another adherence religion generally clashes understanding reached decades religious war liberty social stability demand religious tolerance respects religious views citizens zelman breyer dissenting showing purpose favor religion government sends message nonadherents outsiders full members political community accompanying message adherents insiders favored members santa fe independent school dist doe quoting lynch donnelly concurring indeed purpose apparent government action impact significant result expressly decreed government maintains sunday closing laws advances religion minimally many working people take day one rest regardless government justified decision stated desire americans honor christ divisive thrust official action inescapable teaching mcgowan maryland upheld sunday closing statutes practical secular grounds finding government forsaken religious purposes behind predecessor laws despite intuitive importance official purpose realization establishment clause values counties ask us abandon lemon purpose test least truncate enquiry purpose first argument consideration purpose deceptive according true purpose unknowable search merely excuse courts act selectively unpredictably picking evidence subjective intent assertions seismic unconvincing examination purpose staple statutory interpretation makes daily fare every appellate country general dynamics land systems cline interpreting statute light text structure purpose history governmental purpose key element good deal constitutional doctrine washington davis discriminatory purpose required equal protection violation hunt washington state apple advertising discriminatory purpose relevant dormant commerce clause claim church lukumi babalu aye hialeah discriminatory purpose raises level scrutiny required free exercise claim enquiries purpose common nothing hunts mares nests deflecting attention bare judicial whole notion purpose law dropped disrepute long ago scrutinizing purpose make practical sense establishment clause analysis understanding official objective emerges readily discoverable fact without judicial psychoanalysis drafter heart hearts wallace jaffree supra concurring judgment eyes look purpose belong observer one takes account traditional external signs show legislative history implementation statute comparable official act santa fe independent school dist doe supra quoting wallace jaffree concurring judgment see also edwards aguillard enquiry looks plain meaning statute words enlightened context contemporaneous legislative history historical context statute specific sequence events leading passage nothing hinting unpredictable disingenuous exercise enquires purpose claim raised establishment clause cases findings predominantly religious purpose point straightforward nature test wallace example inferred purpose change wording earlier statute later one dealing prayer schools edwards relied statute text detailed public comments sponsor sought purpose state law requiring creationism taught alongside evolution cases government action bespoke purpose abington object required bible study public schools patently religious stone held osting religious texts wall serve educational function found posted copies ten commandments effect induce schoolchildren read meditate upon perhaps venerate obey commandments case government action held unconstitutional openly available data supported commonsense conclusion religious objective permeated government action indication enquiry rigged practice finding religious purpose dominant every time case filed past test fatal often presumably government generally act unconstitutionally predominant purpose advancing religion said one consequence corollary establishment clause analysis look veiled psyche government officers cases establishment complaints failed savvy officials disguised religious intent cleverly objective observer missed reason great constitutional concern someone government hides religious motive well observer acquainted text legislative history implementation statute santa fe independent school dist doe quoting wallace supra concurring judgment see without something government make divisive announcement amounts taking religious sides secret motive stirs strife nothing make outsiders nonadherents suffices wait see whether government action turns may even likely illegitimate effect advancing religion declining invitation abandon concern purpose wholesale also avoid counties alternative tack trivializing enquiry counties read cases purpose enquiry naive transparent claim secularity satisfy cut context enquiry point ignoring history matter bearing actually significance current circumstances precedent counties arguments reason supporting lemon said government action must secular purpose host cases fair add although legislature stated reasons generally get deference secular purpose required genuine sham merely secondary religious objective see santa fe independent school dist doe supra governmental entity professes secular purpose arguably religious policy government characterization course entitled deference nonetheless duty courts sham secular purpose sincere edwards normally deferential state articulation secular purpose required statement purpose sincere sham referring enquiry one preeminent primary purpose stone supra looking purpose government action even counties cited authority confirms made purpose test pushover secular claim true wallace said government action tainted object entirely motivated purpose advance religion using motivated wholly impermissible purpose language citing lynch stone said often accept governmental statements purpose keeping respect owed first instance official claims unusual cases claim apparent sham secular purpose secondary unsurprising results findings adequate secular object predominantly religious counties second proffered limitation dispatched quickly argue purpose case like one inferred latest news last series governmental actions however close may time subject world made brand new every morning counties simply asking us ignore perfectly probative evidence want absentminded objective observer one presumed familiar history government actions competent learn history show santa fe independent school dist doe concurring part concurring judgment reasonable observer endorsement inquiry must deemed aware history context community forum religious display appears counties position bucks common sense reasonable observers reasonable memories precedents sensibly forbid observer turn blind eye context policy arose santa fe independent school dist doe supra iii case comes us appeal preliminary injunction accordingly review district legal rulings de novo ultimate conclusion abuse ashcroft american civil liberties union take stone initial legal benchmark case dealing constitutionality displaying commandments stone recognized commandments instrument religion least facts display text presumptively understood meant advance religion although state law specifically required posting public school classrooms isolated exhibition leave room even argument secular education explained opinion blackmun question viewers may fairly understand purpose display inquiry necessity turns upon context contested object appears internal quotation marks citation omitted hence look record evidence showing progression leading third display commandments display rejected stone two obvious similarities first one sequence set text commandments distinct traditionally symbolic representation stood alone part arguably secular display stone stressed significance integrating commandments secular scheme forestall broadcast otherwise clearly religious message supra good reason commandments central point reference religious moral history jews christians proclaim existence monotheistic god gods regulate details religious obligation graven images sabbath breaking vain oath swearing unmistakably rest even universally accepted prohibitions murder theft like sanction divinity proclaimed beginning text displaying text thus different symbolic depiction like tablets roman numerals seen alluding general notion law sectarian conception faith text set insistence religious message hard avoid absence context plausibly suggesting message going beyond excuse promote religious point view display stone context might indicated object beyond religious character text counties solo exhibit nothing counter sectarian implication postings issue see also county allegheny supra unlike lynch donnelly nothing context display detracts crèche religious message actually posting counties lacked even stone display implausible disclaimer commandments set show effect civil ceremony posting framed commandments pulaski county county executive accompanied pastor testified certainty existence god reasonable observer think counties meant emphasize celebrate commandments religious message deny commandments influence civil secular law major text majority religion bound felt point simply original text viewed entirety unmistakably religious statement dealing religious obligations morality subject religious sanction government initiates effort place statement alone public view religious object unmistakable counties sued modified exhibits invited additional insight purpose display hung six months new one product forthright nearly identical pulaski mccreary county resolutions listing series american historical documents theistic christian references posted order furnish setting displaying ten commandments kentucky american historical documen without raising concern christian religious references def exh mentioned resolutions expressed support alabama judge posted commandments courtroom cited fact kentucky legislature adjourned session honor jesus christ prince ethics second display unlike first commandments hung isolation merely leaving counties purpose emerge pervasively religious text commandments instead second version required include statement government purpose expressly set county resolutions underscored juxtaposing commandments documents highlighted references god sole common element display unstinting focus religious passages showing counties posting commandments precisely sectarian content demonstration government objective enhanced serial religious references accompanying resolution claim embodiment ethics christ together display resolution presented indisputable undisputed showing impermissible purpose today counties make attempt defend undeniable objective instead hopefully describe version two dead buried reply brief petitioners refusal defend second display understandable reasonable observer forget counties changed lawyers mounted third display without new resolution repeal old one result foundations american law government exhibit placed commandments company documents counties thought especially significant historical foundation american government trying persuade district lift preliminary injunction counties cited several new purposes third version including desire educate citizens county regarding documents played significant role foundation system law government supp internal quotation marks omitted counties claims however persuade intimately familiar details litigation appeals neither found legitimizing secular purpose third version courts already passed case unable discern arguably valid secular purpose normally hesitate find one edwards quoting wallace powell concurring conclusions two courts preceding us case well warranted new statements purpose presented litigating position authorizing action counties governing boards although repeal earlier county authorizations erased record evidence bearing current extraordinary resolutions second display passed months earlier repealed otherwise indeed sectarian spirit common resolution found enhanced expression third display quoted purely religious language commandments first two displays done additions see app pet cert lord thy god jealous god text second commandment third display lord hold guiltless taketh name vain text third commandment thy days may long upon land lord thy god giveth thee text fifth commandment reasonable observer swallow claim counties cast objective unmistakable earlier displays selection posted material suggest clear theme might prevail evidence continuing religious object collection documents said foundational american government least odd include patriotic anthem omit fourteenth amendment significant structural provision adopted since original framing less baffling leave original constitution quoting magna carta even point declaration shall removed thames app pet cert observer found choices omissions perplexing isolation puzzled different reason read declaration independence seeking confirmation counties posted explanation ten commandments influence clearly seen declaration fact observer find commandments sanctioned divine imperatives declaration independence holds authority government enforce law derives consent governed observer thrown hands probably suspect counties simply reaching way keep religious document walls courthouses constitutionally required embody religious holding preliminary injunction adequately supported evidence counties purpose changed third stage decide counties past actions forever taint effort part deal subject matter hold purpose needs taken seriously establishment clause needs understood light context implausible claim governmental purpose changed carry day law head common sense enough say district courts fully capable adjusting preliminary relief take account genuine changes constitutionally significant conditions see ashcroft american civil liberties union occasion hold sacred text never integrated constitutionally governmental display subject law american history forget litigation frequently reminded courtroom frieze deliberately designed exercise governmental authority include figure moses holding tablets exhibiting portion hebrew text later secularly phrased commandments company lawgivers secular figures risk moses strike observer evidence national government violating neutrality iv importance neutrality interpretive guide less true broached principle everson board ed ewing word needs said different view taken today dissent agree course need interpretative help first amendment contains textual definition establishment term certainly one contends prohibition establishment stops designation national fourteenth amendment incorporation cantwell connecticut state church nothing text says much covers simple answer one reason prohibition establishment covers variety issues prayer widely varying government settings financial aid religious individuals institutions comment religious questions varied settings issues interpreting inexact establishment clause language like difficult interpretative issues generally arise tension competing values constitutionally respectable none open realization logical limit first amendment one two clauses tied religion second forbidding prohibition free exercise thereof sometimes two clauses compete spending government money clergy looks like establishing religion government pay military chaplains good many soldiers sailors kept opportunity exercise chosen religions see cutter wilkinson slip times limits governmental action might make sense way avoid establishment arguably limit freedom speech speaking done government auspices rosenberger rector visitors univ dissent wrong read cases like walz tax city new york rejection neutrality terms post inevitable elegant interpretative rule draw line multifarious situations given variety interpretative problems principle neutrality provided good sense direction government may favor one religion another religion irreligion religious choice prerogative individuals free exercise clause principle helpful simply responds one major concerns prompted adoption religion clauses framers citizens time intended protect integrity individual conscience religious matters wallace jaffree harlan dissenting constitutional obligation narrow channel slightest deviation absolutely straight course leads condemnation invoking neutrality prudent way keeping sight something framers first amendment thought important dissent however puts forward limitation application neutrality principle citations historical evidence said show framers understood ban establishment religion sufficiently narrow allow government espouse submission divine dissent identifies god god monotheism whose three principal strains jewish christian muslim acknowledge religious importance ten commandments post dissent view apparently follows even rigorous espousal common element common monotheism consistent establishment ban dissent argument original understanding flawed outset failure consider full range evidence showing framers believed dissent certainly correct putting forward evidence framers thought endorsement religion compatible establishment ban dissent quotes first president stating national morality prevail exclusion religious principle example post cites first thanksgiving proclamation giving thanks god post internal quotation marks omitted surely expressions like washington contemporaries go good case neutrality principle effect broadening ban establishment beyond framers understanding although course still question whether historical case overcome years precedent taking neutrality guiding principle fact go also evidence supporting proposition framers intended establishment clause require governmental neutrality matters religion including neutrality statements acknowledging religion language establishment clause represented significant departure early drafts merely prohibited single national religion final language instead extended prohibition state support general see lee weisman souter concurring tracing development language historical record moreover complicated beyond dissent account writings practices figures less influential thomas jefferson james madison jefferson example refused issue thanksgiving proclamations believed violated constitution see letter miller founders constitution madison dissent claims supporting thesis post criticized virginia general assessment tax required people donate three pence religion signal persecution degrades equal rank citizens whose opinions religion bend legislative authority internal quotation marks omitted see also letter madison livingston july founders constitution eligion govt exist greater purity less mixed together letter madison adams religion politics early republic dresibach ed stating respect religion government tendency usurpation one side corrupting coalition alliance best guarded entire abstinence government interference van orden perry stevens dissenting slip fair inference common understanding limits establishment prohibition dissent conclusion narrower view original understanding post stretches evidence beyond tensile capacity evidence show group statesmen like others proposed guarantee contours wholly worked leaving establishment clause edges still determined none worse indeterminate edges kind constitution meant endure meet exigencies foreseen must seen dimly best provided occur mcculloch maryland wheat dissent fails show consistent original understanding argue neutrality principle rejected manage deliver surprise mentioned dissent says deity framers mind god monotheism consequence government may espouse tenet traditional monotheism truly remarkable view members dissented ground establishment clause bars nothing governmental preference one religion another wallace jaffree rehnquist dissenting least religion previously treated inclusively today dissent however apparently means government free approve core beliefs favored religion tenets others view trouble anyone prizes religious liberty certainly history justify contrary history shows religion concern framers monotheistic faiths generally christianity particular fact member takes premise construing religion clauses justice story probably reflected thinking framing generation wrote commentaries purpose clause countenance much less advance mahometanism judaism infidelity prostrating christianity exclude rivalry among christian sects cord separation church state historical fact current fiction emphasis omitted framers therefore almost certainly object dissent unstated reasoning christianity monotheistic religion monotheism mosaic antecedents touchstone establishment even originalist critiques existing precedent seems escape interpretative consequences surprise framers thus appears common ground interpretation constitution intended endure ages come mcculloch maryland supra applications unanticipated framers inevitable historical evidence thus supports solid argument changing course whatever force argument might directed existing precedent whereas public discourse present time certainly raises doubt value interpretative approach invoked years centuries away bartholomew day massacre treatment heretics early massachusetts divisiveness religion current public life inescapable time deny prudence understanding establishment clause require government stay neutral religious belief reserved conscience individual given ample support district finding predominantly religious purpose behind counties third display affirm sixth circuit upholding preliminary injunction ordered mccreary county kentucky et tioners american civil liberties union kentucky et al writ certiorari appeals sixth circuit june justice concurring join opinion first amendment expresses nation fundamental commitment religious liberty means two provisions one protecting free exercise religion barring establishment religion written descendents people come land precisely practice religion freely together first amendment guarantees free speech free press rights assemble petition religion clauses designed safeguard freedom conscience belief immigrants sought embody idea considered radical free people entitled free diverse thoughts government neither constrain direct reasonable minds disagree apply religion clauses given case goal clauses clear carry founders plan preserving religious liberty fullest extent possible pluralistic society enforcing clauses kept religion matter individual conscience prosecutor bureaucrat time see around world violent consequences assumption religious authority government americans may count fortunate regard constitutional boundaries protected us similar travails allowing private religious exercise flourish statement religious people zorach clauson proved true americans attend places worship often citizens developed nations fowler hertzke olson religion politics america ed describe religion playing especially important role lives pew global attitudes project among wealthy nations stands alone embrace religion renegotiate boundaries church state must therefore answer difficult question trade system served us well one served others poorly guiding principle james madison religion every man must left conviction conscience every man memorial remonstrance religious assessments writings james madison hunt ed hereinafter memorial end held guarantees religious freedom protect citizens religious incursions well federal government everson board ed ewing cantwell connecticut government may coerce person worshiping prohibit worshiping according may prefer one religion another promote religion nonbelief everson supra may entangle religion walz tax city new york government may endorsing religion religious practice mak adherence religion relevant person standing political community wallace jaffree concurring judgment enforce restrictions reason guided framers respect religion special role society founders conceived republic receptive voluntary religious expression provided possibility judicial intervention government action threatens impedes expression voluntary religious belief expression may threatened government takes mantle religion upon government directly interferes private religious practices government associates one set religious beliefs state identifies nonadherents outsiders encroaches upon individual decision whether worship marketplace ideas government vast resources special status government religious expression therefore risks crowding private observance distorting natural interplay competing beliefs allowing government potential mouthpiece competing religious ideas risks sort division might easily spill suppression rival beliefs tying secular religious authority together poses risks given history particular display ten commandments correctly finds establishment clause violation see ante purpose behind counties display relevant conveys unmistakable message endorsement reasonable observer see lynch donnelly concurring true many americans find commandments accord personal beliefs count heads enforcing first amendment see west virginia bd ed barnette purpose bill rights withdraw certain subjects vicissitudes political controversy place beyond reach majorities officials establish legal principles applied courts accept theory americans accept commandments validity outside first amendment protections list approved disapproved beliefs appended first amendment amendment broad terms free exercise establishment religion admit cramped reading true framers lived time national religious diversity neither robust well recognized may foreseen variety religions nation eventually provide home surely predicted new religions born country know religions enterprise begun logical stopping point worried authority establish christianity exclusion religions may establish ease particular sect christians exclusion sects memorial religion clauses result protect adherents religions well believe religion owe first amendment generation profound commitment religion profound commitment religious liberty visionaries held faith enough confidence believe rendered god need decided collected caesar zorach supra jackson dissenting opinion display issue establishment religion violation constitution reasons given join opinion mccreary county kentucky et tioners american civil liberties union kentucky et al writ certiorari appeals sixth circuit june justice scalia chief justice justice thomas join justice kennedy joins parts ii iii dissenting uphold mccreary county pulaski county kentucky hereinafter counties displays ten commandments shall discuss first oft repeated assertion government favor religious practice false second today opinion extends scope falsehood even beyond prior cases third even basis false assumptions judgment wrong september attending rome italy international conference judges lawyers principally europe night next morning virtually participants watched hotel rooms address nation president concerning murderous attacks upon twin towers pentagon thousands americans killed address ended presidential addresses often prayer god bless america next afternoon approached one judges european country extending profound condolences country loss sadly observed wish head state country similar time national tragedy distress conclude address bless course absolutely forbidden one model relationship church state model spread across europe armies napoleon reflected constitution france begins france secular republic france art constitutions countries world flanz ed religion strictly excluded public forum never model adopted america george washington added form presidential oath prescribed art ii cl constitution concluding words help god see blomquist presidential oath american national interest call presiprudence umkc rev john marshall opened sessions prayer god save honorable warren history rev ed first congress instituted practice beginning legislative sessions prayer marsh chambers week congress submitted establishment clause part bill rights ratification enacted legislation providing paid chaplains house senate day first amendment proposed congress proposed requested president proclaim day public thanksgiving prayer observed acknowledging grateful hearts many signal favours almighty god see sess ed see also sen president washington offered first thanksgiving proclamation shortly thereafter devoting november behalf american people service great glorious beneficent author good van orden perry ante plurality opinion quoting president washington first thanksgiving proclamation thus beginning tradition offering gratitude god continues today see wallace jaffree rehnquist dissenting congress also reenacted northwest territory ordinance stat article iii provided religion morality knowledge necessary good government happiness mankind schools means education shall forever encouraged course first amendment accords religion manner belief special constitutional protection actions first president congress marshall idiosyncratic reflected beliefs period wrote constitution believed morality essential society encouragement religion best way foster morality fact founding fathers believed devotedly god unalienable rights man rooted clearly evidenced writings mayflower compact constitution school dist abington township schempp see separation religious secular foundational challenge theory wm mary rev president washington opened presidency prayer see inaugural addresses presidents reminded fellow citizens conclusion reason experience forbid us expect national morality prevail exclusion religious principle farewell address reprinted writings george washington fitzpatrick ed president john adams wrote massachusetts militia government armed power capable contending human passions unbridled morality religion constitution made moral religious people wholly inadequate government letter reprinted works john adams adams ed thomas jefferson concluded second inaugural address inviting audience pray shall need favor whose hands led fathers israel old native land planted country flowing necessaries comforts life covered infancy providence riper years wisdom power whose goodness ask join supplications enlighten minds servants guide councils prosper measures whatsoever shall result good shall secure peace friendship approbation nations inaugural addresses presidents james madison first inaugural address likewise placed confidence guardianship guidance almighty whose power regulates destiny nations whose blessings conspicuously dispensed rising republic bound address devout gratitude past well fervent supplications best hopes future views people matter significantly changed presidents continue conclude presidential oath words help god legislatures state national continue open sessions prayer led official chaplains sessions continue open prayer god save honorable invocation almighty public figures levels government remains commonplace coinage bears motto god trust pledge allegiance contains acknowledgment nation god one opinions rightly observed religious people whose institutions presuppose zorach clauson repeated approval lynch donnelly marsh abington township supra reality much staring face possibly assert first amendment mandates governmental neutrality religion nonreligion ante anifesting purpose favor adherence religion generally ante unconstitutional says surely words constitution surely history traditions reflect society constant understanding words surely even current sense society recently reflected act congress adopted unanimously senate nays house representatives see cong rec criticizing appeals opinion held god pledge allegiance unconstitutional see act stat reaffirming pledge allegiance national motto god trust stating pledge allegiance clearly consistent text intent constitution nothing stands behind assertion governmental affirmation society belief god unconstitutional except citing support unsubstantiated earlier courts going back farther century see ante citing corporation presiding bishop church jesus christ saints amos turn citing lemon kurtzman turn citing board ed central school dist allen turn quoting abington township supra turn citing everson board ed ewing moreover thoroughly discredited discredited begin majority justices current including least one member today majority separate opinions repudiated lemon test embodies supposed principle neutrality religion irreligion see lamb chapel center moriches union free school scalia concurring judgment collecting criticism lemon van orden ante thomas concurring board ed kiryas joel village school dist grumet concurring part concurring judgment county allegheny american civil liberties union greater pittsburgh chapter kennedy concurring judgment part dissenting part wallace stevens dissenting disparaging sisyphean task trying patch together indistinct variable barrier described lemon discredited courage foolhardiness apply neutrality principle consistently distinguishes rule law dictatorship shifting majority absolutely indispensable requirement judicial opinions grounded consistently applied principle prevents judges ruling way thumbs thumbs personal preferences dictate today opinion forthrightly actually somewhat less forthrightly admits rest upon consistently applied principle revealing ante acknowledges establishment clause doctrine purports applying lacks comfort categorical absolutes means lovely euphemism sometimes chooses decide cases principle government favor religion sometimes goes say special instances found good reason dispense principle reasons present ibid identify special instances much less identify good reason existence cataloged elsewhere variety circumstances even embrace lemon stated prohibition behavior approved government action undertaken specific intention improving position religion edwards aguillard scalia dissenting see suffice say government relieves churches obligation pay property taxes allows students absent public school take religious classes exempts religious organizations generally applicable prohibitions religious discrimination surely means bestow benefit religious practice approved see amos supra exemption federal prohibition religious discrimination employers walz tax city new york property tax exemption church property zorach law permitting students leave public school purpose receiving religious education indeed even approved prayer god marsh chambers supra upheld nebraska state legislature practice paying chaplain lead prayer opening legislative sessions explained invoke divine guidance public body entrusted making laws religion step toward establishment simply tolerable acknowledgment beliefs widely held among people country one wonders respect ten commandments tolerable acknowledgment beliefs widely held among people country good reason ignoring neutrality principle set forth cases antiquity practice issue see marsh supra walz supra good reason finding neutrality principle mistaken interpretation constitution hardly good reason letting unconstitutional practice continue hide behind reason reynolds sims found unconstitutional bicameral state legislatures sort existed since beginning republic almost monthly seems shrunk invalidating aspects criminal procedure penology similar vintage see deck missouri slip invalidating practice shackling defendants absent special circumstances slip thomas dissenting roper simmons slip invalidating practice executing offenders slip scalia dissenting genuine good reason occasionally ignoring neutrality principle suggest instinct recognition influence either sword purse federalist pole ed go far road enforced neutrality contradicts historical fact current practice without losing sustains willingness people accept interpretation constitution definitive preference contrary interpretation democratically elected branches besides appealing demonstrably false principle government favor religion irreligion today opinion suggests posting ten commandments violates principle government favor one religion another see ante see also van orden ante stevens dissenting indeed valid principle public aid assistance religion concerned see zelman free exercise religion issue church lukumi babalu aye hialeah scalia concurring part concurring judgment necessarily applies limited sense public acknowledgment creator religion public forum entirely nondenominational religion public forum one say word god almighty one offer public supplication thanksgiving without contradicting beliefs people many gods god gods pay attention human affairs respect public acknowledgment religious belief entirely clear nation historical practices establishment clause permits disregard polytheists believers unconcerned deities permits disregard devout atheists thanksgiving proclamation issued george washington instance first congress scrupulously nondenominational monotheistic marsh chambers supra said fact particular prayers offered nebraska legislature tradition posed additional problem indication prayer opportunity exploited proselytize advance one disparage faith belief historical practices thus demonstrate distance acknowledgment single creator establishment religion former marsh chambers put tolerable acknowledgment beliefs widely held among people country three popular religions christianity judaism islam combined account believers monotheistic see dept commerce bureau census statistical abstract ed table moreover islam included believe ten commandments given god moses divine prescriptions virtuous life see encyclopedia religion ed haleem trans publicly honoring ten commandments thus indistinguishable insofar discriminating religions concerned publicly honoring god practices recognized across broad diverse range population christians muslims reasonably understood government endorsement particular religious remarks necessary response criticism dissent well justice stevens criticism related case van orden perry ante justice stevens writing largely devoted attack upon straw man eliance early religious proclamations statements made founders problematic says views espoused constitutional convention enshrined constitution text van orden ante dissenting opinion omitted relied upon case mere proclamations statements founders relied primarily upon official acts official proclamations component branches government including first congress beginning tradition legislative prayer god appointment congressional chaplains legislative proposal thanksgiving proclamation reenactment northwest territory ordinance first president issuance thanksgiving proclamation invocation god opening sessions mere proclamations statements founders relied upon statements founders occupied federal office spoke least capacity washington prayer opening presidency farewell address president john adams letter massachusetts militia jefferson madison inaugural addresses justice stevens contrast appeal official even action support view establishment clause james madison memorial remonstrance religious assessments written federal constitution even proposed two letters written madison long president inaction thomas jefferson refusing issue thanksgiving proclamation see ante van orden ante stevens dissenting madison memorial remonstrance dealing enforced contribution religion rather public acknowledgment god irrelevant one letters utterly ambiguous point issue read contradict madison statements first inaugural address quoted earlier even letter disapprove public acknowledgment god unless one posits madison actions president contradict reference god contradicts equality religious sects see letter james madison edward livingston july founders constitution kurland lerner eds jefferson notoriously jefferson choose nonauthorship thanksgiving proclamation inscribed tombstone inscribed authorship virginia statute religious freedom governmental act begins whereas almighty god hath created mind free code ann lexis answer justice stevens say understanding official actions reflect enshrined constitution text van orden ante dissenting opinion establishment clause upon justice stevens rely enshrined constitution text official actions show meant doubtless thought broader meaning views plainly rejected justice stevens says reliance actions bound paint misleading picture van orden ante hard see probative meaning establishment clause actions congress proposed first president charged observing justice stevens also appeals undoubted fact founding generation thought religion clauses first amendment narrower meaning protecting christian religion perhaps protestantism see van orden ante loss see helps case except providing cloud obfuscating smoke since thought clause permitted government invocation monotheism others thought permitted government invocation christianity proposes construed permit government invocation religion rate narrower views establishment clause clearly rejected expansive ones washington first thanksgiving proclamation merely example actions washington first congress upon relied virtually thanksgiving proclamations throughout examples government favoring religion cited invoked god jesus rather relying upon justice stevens assurance original understanding type qualified constitutional protection first amendment certainly include followers judaism islam van orden ante see also ante prefer take word george washington famous letter hebrew congregation newport rhode island wrote possess alike liberty conscience immunities citizenship toleration spoken indulgence one class people another enjoyed exercise inherent natural rights papers george washington presidential series twohig et al eds letter concluded way invocation one god may father mercies scatter light darkness paths make us several vocations useful due time way everlastingly happy ibid justice stevens says one serious following original understanding establishment clause must repudiate incorporation fourteenth amendment hold apply see van orden ante dissenting opinion smoke justice stevens feel way last term joined opinion insisting upon original meaning confrontation clause nonetheless applying state washington see crawford washington notion incorporation empties incorporated provisions original meaning support either reason precedent justice stevens argues original meaning touchstone anyway rather expoun meaning constitutional provisions one eye towards nation history fixed democratic aspirations van orden ante dissenting opinion place debate merits living constitution though must observe justice stevens quotation mcculloch maryland wheat refutes rather supports even assuming however meaning constitution change according democratic aspirations aspirations found justices notions establishment clause mean rather democratically adopted dispositions current society observed numerous provisions laws numerous continuing practices people demonstrate government invocation god hence government invocation ten commandments unobjectionable including statute enacted congress almost unanimously less three years ago stating god pledge allegiance constitutional see ignore give effect democratic aspirations frustrate finally must respond justice stevens assertion marginaliz belief systems million americans adhere religions monotheistic van orden ante dissenting opinion surely gross exaggeration beliefs citizens entirely protected free exercise clause aspects establishment clause relate government acknowledgment creator invocation god despite beliefs permitted nonmonotheistic religions cease religions recognized religion clauses first amendment governmental invocation god establishment justice stevens fails recognize context public acknowledgments god legitimate competing interests one hand interest minority feeling excluded interest overwhelming majority religious believers able give god thanks supplication people respect national endeavors national tradition resolved conflict favor change disposition accounts many americans think phenomenon remarked upon quotation attributed various authors including bismarck prefer associate charles de gaulle god watches little children drunkards america ii bad lemon test worse fact since inception seemingly simple mandates manipulated fit whatever result aimed achieve today opinion different two respects modifies lemon ratchet hostility religion first justifies inquiry legislative purpose end means ascertain appearance government action observer ante view true danger guarded objective observer feel like outside full membe political community inquiry focuses actual purpose government action purpose apparent government action ante approach even government show actual purpose advance religion presumably violate constitution long objective observer think otherwise see capitol square review advisory bd pinette concurring part concurring judgment stating reasonable observer view government practice endorsing religion duty hold practice invalid even law issue neutral benefit conferred religious entity incidental remarked odd jurisprudence bases unconstitutionality government practice actually advance religion hopes government see edwards oddity pales comparison one invited today analysis legitimacy government action wholly secular effect turn misperception imaginary observer government officials behind action intent advance religion second replaces lemon requirement government secular purpose dismissing school district proffered secular purposes shams wallace per curiam finding kentucky statute requiring posting ten commandments public school rooms secular legislative purpose emphasis added epperson arkansas edwards supra say state action invalid primary preeminent purpose advance particular religious belief statement unnecessary result since rejected state proffered secular purpose sham see urged lemon purpose prong abandoned discussed part even exclusive purpose foster assist religious practice necessarily invalidating today extension makes things even worse shifting focus lemon purpose prong search genuine secular motivation hunt predominantly religious purpose converts past fairly limited inquiry rigorous review full responsible adoption religion clauses surely regard bitter irony religious values designed clauses protect become distasteful constitute anything subordinate motive government action invalidate iii even accepting premises displays issue constitutional person happened walk hallway mccreary pulaski county courthouse roughly nine months foundations displays exhibited displays must seemed unremarkable indeed noticed walls courthouses already lined historical documents assorted portraits foundations display exhibited format displays nothing record suggests either county took steps give greater prominence entitled foundations american law government display display consisted nine equally sized documents original version magna carta declaration independence bill rights star spangled banner mayflower compact picture lady justice national motto god trust preamble kentucky constitution ten commandments displays emphasize nine documents way frame holding ten commandments size appearance held documents see posted documents plaque identifying display explaining contains documents played significant role foundation system law government ibid explanation related ten commandments third list nine serve distinguish documents stated ten commandments profoundly influenced formation western legal thought formation country influence clearly seen declaration independence declared hold truths men created equal endowed creator certain unalienable rights among life liberty pursuit happiness ten commandments provide moral background declaration independence foundation legal tradition ibid face foundations displays manifested purely secular purpose counties asserted district display documents played significant role foundation system law government affidavit judge jimmie green support defendants opposition plaintiffs motion contempt alternative supplemental preliminary injunction civ ed displays included ten commandments transform apparent secular purpose one impermissible advocacy beliefs even isolated display decalogue conveys worst equivocal message perhaps respect judaism religion general law allegheny county stevens concurring part dissenting part ten commandments appear alongside documents secular significance display devoted foundations american law government context communicates ten commandments included teach binding nature religious text show unique contribution development legal system see doubly true display introduced document informs passersby contains documents played significant role foundation system law government result follows ten commandments display viewed light government practices countenanced past acknowledgment contribution religion general ten commandments particular made nation legal governmental heritage surely step towards establishment religion practice legislative prayer approved marsh chambers seems par inclusion crèche menorah holiday display incorporates secular symbols see lynch supra allegheny county supra parallels case marsh lynch sufficiently compelling decide case even misguided establishment clause acknowledgment contribution religion made nation legal governmental heritage partakes tradition members often detailed degree religious belief pervaded national government founding era see lynch supra marsh supra lee weisman scalia dissenting wallace stewart dissenting display ten commandments well within mainstream practice acknowledgment federal state local governments across nation engaged building includes depictions moses ten commandments courtroom east pediment building symbols ten commandments adorn metal gates lining north south sides courtroom well doors leading courtroom van orden ante plurality opinion similar depictions decalogue appear public buildings monuments throughout nation capital ibid frequency displays testifies popular understanding ten commandments foundation rule law symbol role religion played continues play system government perhaps recognition centrality ten commandments widely recognized symbol religion public life pains dispel impression decision require governments across country sandblast ten commandments public square see ante constitutional problem says counties purpose erecting foundations displays displays adds one consequence taking account purpose underlying past actions government action may constitutional taken first instance unconstitutional sectarian heritage ante inconsistency may explicable theory suspect objective observer concerned recognize absurdity practice virtue details familiar parties litigation lawyers mccreary pulaski counties kentucky rutherford county tennessee ordered remove display appears courthouses mercer county kentucky elkhart county indiana compare american civil liberties union rutherford county supp md holding foundations display unconstitutional based prior actions county commission books elkhart county sustaining foundations display secular purpose effect american civil liberties union mercer county supp ed rejecting establishment clause challenge identical foundations display distinguishing mccreary county ground county purpose tainted prior history displays erected silence direction good legal advice permissible hung discussion debate deemed unconstitutional reduction establishment clause minutiae trivializes clause protection religious establishment indeed may inflame religious passions making passing comments every government official subject endless litigation event conclusion counties exhibited foundations displays purpose promoting religion doubtful view impermissible motive apparent initial displays ten commandments occurs says religious object unmistakable ante surely discussed commandments proper place civic history even placing civically motivated especially placed school stone case upon places reliance courthouse cf van orden ante breyer concurring judgment circumstances surrounding display placement capital grounds physical setting suggest state intended nonreligious aspects tablets message predominate fact posting exhibit clergyman present unremarkable clergymen taking particular pride role ten commandments civic history even unremarkable fact clergyman testified certainty existence god ante past prohibited government actions proselytize advance one disparage faith belief see marsh apply level coercion though others disagreed form coercion must take see lee weisman prayer graduation invalid subtle coercive pressure scalia dissenting passive display ten commandments even standing alone begin either justice kennedy said crèche allegheny county equally true counties original ten commandments displays one compelled observe participate religious ceremony activity count ies contribut significant amounts tax money serve cause one religious faith ten commandments purely passive symbols religious foundation many laws governmental institutions passersby disagree message conveyed th displays free ignore even turn backs free disagree form government speech opinion concurring judgment part dissenting part case solo display ten commandments advances one faith assuredly religious symbol closely associated single religious belief display reasonably understood preferring one religious sect another ten commandments recognized judaism christianity islam alike divinely given see encyclopedia religion ed also points counties second displays featured number statements historical documents reflecting religious influence resolutions accompanied erection evidence impermissible religious view second display unstinting focus religious passages show counties posting commandments precisely sectarian content ante necessarily shows exhibit meant focus upon historic role religious belief national life entirely permissible said resolution forbid government focus upon aspect history display justice goldberg called untutored devotion concept neutrality abington township concurring opinion commit nation revisionist agenda secularization turning last displays actually issue case faults counties repealing resolution expressing believes impermissible intent circumstances says reasonable observer swallow claim counties cast objective unmistakable earlier displays ante even accept said agree assessment begin course unlikely reasonable observer even aware resolutions nothing cast implies counties may able remedy taint old resolutions enacting new one see ante action wholly unnecessary light explanation counties included displays plaque next documents informed passed display contains documents played significant role foundation system law government additionally reason counties repeal repudiate resolutions adopted hanging second displays since related second displays complying district order remove second displays immediately erecting new displays content express assertion reflected different purpose identified resolutions counties reason believe previous resolutions deemed basis counties discovered sentiments expressed resolutions attributed recent displays oral argument repudiated immediately sum first displays necessarily evidence intent religious practice second displays resolutions authorizing event basis attributing whatever intent motivated first second displays third given presumption regularity always accompanies review official action see supra identified evidence purpose advance religion way inconsistent cases may well correct identifying third displays fruit desire display ten commandments ante neither cases history support assertion desire renders fruit poisonous foregoing reasons reverse judgment appeals footnotes consider display ten commandments schoolrooms harlan county kentucky litigated consolidated proceedings district appeals display subject separate petition text comes record exhibit showing pulaski county commandments part county first second displays district found displays county functionally identical supp ed supp ed first amendment provides congress shall make law respecting establishment religion prohibiting free exercise thereof prohibition establishment applies political subdivisions fourteenth amendment santa fe independent school dist doe district noted confusion whether ten commandments hung independently second display incorporated copy page congressional record declaring year bible supp supp exhibits record depict commandments hanging separate item def exh consistent counties description second display erecting first display petitioners posted additional donated documents display consisted ten commandments along historical documents brief petitioners like district find analysis applies equally either format also found display effect endorsing religion removed historical context placed documents common link religion documents undeniable effect endorsing religion supp supp district issued modified injunction counties removed label king james version citation exodus supp ed also found effect third display endorse religion reasonable observer see one religious code placed alongside eight political patriotic documents understand counties promote one religious code par nation cherished secular symbols documents reasonable observer know something controversy surrounding displays focused one nine framed documents ten commandments sixth circuit decide whether display impermissible effect advancing religion one judge found display motivated religious purpose reach issue gibbons concurring judge majority concluded reasonable observer find display effect endorsing religion given lack analytical connection commandments documents display courthouse location display history displays dissent found effect endorsement concluded reasonable observer see county merely acknowledged foundational role ten commandments rather endorsed religious content stone graham per curiam wallace jaffree edwards aguillard santa fe independent school district doe least since everson board ed ewing clear establishment clause doctrine lacks comfort categorical absolutes special instances found good reason hold governmental action legitimate even manifest purpose presumably religious see marsh chambers upholding legislative prayer despite religious nature reasons present moreover justice provided fifth vote lynch majority concurrence emphasized point made implicitly majority opinion secular purpose must serious sufficient purpose inquiry satisfied mere existence secular purpose however dominated religious purposes stone found sacred character ten commandments preeminent despite avowed secular purpose show adoption fundamental legal code western civilization common law internal quotation marks omitted abington unconvinced music education teaching literature actual secular objects behind laws requiring public school teachers lead recitations lord prayer readings bible dissent nonetheless maintains purpose test satisfied long secular purpose government action apparent post opinion scalia leaving aside fact position inconsistent language cases discussed leave purpose test real bite given ease finding secular purpose almost government action heightened deference legislatures appropriate review economic legislation approach credits valid purpose matter trivial way approached government action implicates establishment one consequence taking account purpose underlying past actions government action may constitutional taken first instance unconstitutional sectarian heritage presents incongruity however purpose matters holmes dog tell difference kicked stumbled matter objective observers whether posting commandments follows heels displays motivated sectarianism whether lacks history demonstrating purpose dissent apparently giving reasonable observer much credit holmes dog contends practice absur rely upon differences purpose assessing government action post initial matter rare case one two identical displays violates purpose prong general like displays tend show like objectives treated accordingly one display history manifesting sectarian purpose lacks appropriate treated differently one display properly understood demonstrating preference one group religious believers another see supra posting commandments may effect causing greater adherence ostensible indication purpose promote particular faith certainly effect causing viewers understand government taking sides note factor preliminary injunction analysis issue likelihood aclu success merits although counties point courthouses contained displays besides ten commandments suggestion commandments display integrated form secular display stone commandments accompanied small disclaimer secular application ten commandments clearly seen adoption fundamental legal code western civilization common law internal quotation marks omitted counties purposes erect display containing ten commandments constitutional demonstrate ten commandments part foundation american law government include ten commandments part display significance providing moral background declaration independence foundation legal tradition supp internal quotation marks omitted following argument case resolutions discussed mccreary pulaski county boards repeal resolutions acts obviously minimal significance evolution evidence counties argue objective observer continue believe resolution effect third display went resolution authorized second display resolution face limited particular display contrary encourages creation display ten commandments also includes documents national anthem national motto preamble kentucky constitution declaration independence mayflower compact without censorship christian religious references def exh third display contains documents suggesting fell within resolutions well record indicate whether resolutions posted third display counties backed away broad assertion commandments provide moral background declaration independence merely claim many commandments regarding murder property theft coveting marriage rest labor honoring parents compatible rights life liberty happiness brief petitioners counties grasp mcgowan maryland bears little resemblance case noted supra mcgowan held religious purposes behind predecessors maryland sunday laws dispositive purposes modern sunday laws legislature removed much religious reference laws stated secular pragmatic justifications conclusion purposes may longer operative says nothing relevance recent evidence purpose case far like santa fe evolution school football game prayer policy course single lawsuit like case one comes us latest step developing litigation brought challenge institutional practices unquestionably violated establishment clause describing evolution school district football prayer policy thus santa fe makes sense examine counties latest action light history unconstitutional practices dissent notes another depiction moses commandments adorns east pediment post courtroom frieze moses found company figures great secular dissent also maintains precedents show solo display commandments mere acknowledgement religion par inclusion crèche menorah holiday display official speech prayer post whether views differ significance practices considering original matters manifest objective subjecting individual lives religious influence comparable apparent openly acknowledged purpose behind posting commandments crèches placed holiday symbols prayers legislators insistently call religious action part citizens history posting commandments expressed purpose urge citizens act prescribed ways personal response divine authority dissent cites material suggesting separationists like jefferson madison absolutely consistent abstaining official religious acknowledgment post record inconsistent historical practice weak lever upset decades precedent adhering neutrality principle worth noting jefferson thought actions consistent religion madison regretted backsliding may done lee weisman souter concurring homer nodded corrected erratum ii might indeed even reservations monotheism paradigm example worth noting canonical biography george washington dissent primary exemplar monotheistic tradition calls deist flexner george washington anguish farewell washington religious belief enlightenment deism odd first congress propose amendment religion clauses took account president religion historical matters pertinent however conflicting conclusions brookhiser founding father rediscovering george washington washington god watchmaker history writ small give clear certain answers questions limits religion establishment footnotes see president thanksgiving day proclamation available http internet materials visited june available clerk case file fountainhead jurisprudence everson board ed ewing based dictum either state federal government pass laws aid religions review historical evidence focused debate leading passage virginia bill religious liberty see prominent commentator time remarked thorough review evidence appeared sold bill goods corwin national school board law contemp prob thinks surpris ing truly remarkable believe deity framers mind presumably instances invocation deity cited god monotheism ante reaction comprehensible suggest god singular capital god monotheism necessarily christian god though one expect christ regularly invoked inescapably god monotheism say display ten commandments never constitute impermissible endorsement particular religious view establishment clause prohibit example governmental endorsement particular version decalogue authoritative display ten commandments alongside eight secular documents plaque explanation inclusion make clear posted take sides theological dispute two exceptions march proclamation john adams asks god freely remit offenses redeemer world http november proclamation richard nixon stated moses red sea jesus preparing feed multitudes scriptures summon us words deeds gratitude even divine blessings fully perceived presidential proclamation fed reg justice stevens finds presidential inaugural farewell speeches speeches upon relied violate establishment clause everyone knows express personal religious views speaker government policy see van orden ante dissenting opinion peculiar stance one voted invocation high school football game invocation high school graduation constitute sort governmental endorsement religion establishment clause forbids see santa fe independent school dist doe lee weisman see scalia originalism lesser evil cincinnati rev nothing clearly demonstrates utter inconsistency establishment clause jurisprudence justice stirring concurrence present case says count heads enforcing first amendment ante justice joined opinion marsh chambers held legislative prayer tolerable acknowledgment beliefs widely held among people country reflexive skepticism government asserted secular purposes flatly inconsistent deferential approach taken previous establishment clause cases repeated many times undertakes sensitive task reviewing government asserted purpose must take government word absent compelling evidence contrary see edwards aguillard stating deferential state articulation secular purpose unless purpose insincere sham mueller allen ascribing disinclination invalidate government practices lemon purpose prong reluctance attribute unconstitutional motives particularly plausible secular purpose state program may discerned face statute see also wallace jaffree concurring judgment inquiry purpose legislature deferential limited response inclusion ten commandments display foundations american law reflects purpose call citizens act prescribed ways personal response divine authority way legislative prayer inclusion crèche holiday display see ante might true commandments displayed church even someone home seems patently untrue given decalogue undeniable historical meaning symbol religious foundations law see van orden ante plurality opinion posted courthouse display historical documents observer think called upon act conformance commandments think called upon think act like william bradford courthouse posting mayflower compact especially told exhibit consists documents contributed american law government significant number cases involving ten commandments displays last two years suggests breadth appearance see books elkhart county ten commandments included display identical foundations display mercier fraternal order eagles ten commandments monument city park since modrovich allegheny county ten commandments plaque donated wall allegheny county courthouse freethought soc greater philadelphia chester county ten commandment plaque donated wall chester county courthouse king richmond county ten commandments depicted county seal since interpretational differences faiths within faiths concerning meaning perhaps even text commandments justice stevens maintains display text ten commandments impermissible invariably places government center serious sectarian dispute van orden ante dissenting opinion think sectarian dispute regarding text serious widely known doubt religious adherents even aware competing versions doctrinal consequences certainly event context display conceivably cause viewer believe government taking sides doctrinal controversy posted less month respondents filed suit second displays included excerpt declaration independence preamble kentucky constitution page congressional record declaring year bible proclamation president reagan stating proclamation president lincoln designating april national day prayer humiliation excerpt lincoln reply loyal colored people baltimore upon presentation bible stating bible best gift god ever given man mayflower compact supp ed counties erected displays accordance resolution passed legislative bodies authorizing executives read post ten commandments precedent legal code upon civil criminal codes commonwealth kentucky founded display alongside ten commandments copies documents listed without censorship christian religious references writings documents historical records def exh memorandum support defendants motion dismiss civ ed hereinafter def exh contrary suggestion see ante clear resolutions closely tied second displays third documents included second displays authorized resolutions displays consistent resolutions direction post ten commandments precedent legal code upon civil criminal codes commonwealth kentucky founded def exh consisted large copy ten commandments alongside much smaller framed copies historical religious documents third displays contrast included documents mentioned resolutions magna carta picture lady justice include documents authorized resolutions correspondence proclamations abraham lincoln resolution congress declaring year bible resolutions also provided posted beside displays authorized def exh yet respondents never suggested resolutions posted next third displays record indicates photos included appendix show third displays included frames nine historical documents prefatory statement explaining relevance documents see app pet cert mccreary county pulaski county