Ten Commandments - Kentucky Loses Again

Dateline: 08/02/00

For the second time since 1980, the U.S. federal court system has issued a "separation of church and state" decision preventing the state of Kentucky from commemorating the Ten Commandments.

A Federal District Judge ruled on July 25, that the state's plans to erect a monument of the Ten Commandments on its Frankfort, KY capitol grounds would violate of the First Amendment to the U.S. Constitution. 

In deciding the suit brought against the State of Kentucky by the American Civil Liberties Union, Judge Joseph Hood of the U.S. District Court in Frankfort ruled that by installing the nine-foot monument, the state would indicate an "expressed favor" for both the Christian and Jewish faiths which base their beliefs on the Commandments. Past decisions by the U.S. Supreme Court, have found actions of governments indicating a preference for any particular religion over others to be in violation of the "Establishment Clause" of the First Amendment which states, "Congress shall make no law respecting an establishment of religion."

The 86 inch by 42 inch monument stood on the Kentucky capitol grounds from 1971 to 1980 when it was removed for construction of a new building. The same year (1980), the U.S. Supreme Court, in the case of Stone v. Graham struck down a Kentucky law requiring the posting of a copy of the Ten Commandments, purchased with private contributions, on the wall of each Kentucky public school classroom.

Relocation of the monument was included as an amendment to Kentucky Senate Joint Resolution - SJ57 requesting the Kentucky Board of Education and Department of Education to encourage teachers and school administrators to post and teach from historic displays of original documents reflecting American history, which may include the Ten Commandments. The resolution was signed into law on April 21, 2000 by Kentucky Gov. Paul E. Patton.

In support of relocating the monument, the amendment lists several examples of the importance and status of the Ten Commandments in American government. For example:

"WHEREAS, America's colonial governments adopted the Ten Commandments not as an object of worship or an icon, but as the basis for their civil and criminal law, as illustrated on April 3, 1644, when the New Haven Colony Charter was adopted establishing that "[t]he judicial laws of God, as they were delivered by Moses be a rule to all the courts in this jurisdiction,"

The State of Kentucky has not yet decided if it will appeal the District Court's decision.

Reference Links

Amendment -- Relocation of Ten Commandments Monument
The complete text of the amendment to the Kentucky resolution contains several interesting references to the status and importance of  religion in American government.

The Six 'Constitutional' Commandments
The Supreme Court would throw out a law allowing schools to post the Ten Commandments. But, the last six Commandments are clearly constitutionally clean by Court standards. What did the Founding Fathers say about religion and government?  From your About Guide. 

Church and State: How the Court Decides
The Court applies these three "tests" to religious practices when deciding their constitutionality under the Establishment Clause of the First Amendment. From your About Guide.

Justices Restrict Religious Freedom
Does the Constitution explicitly mandate separation of church and state? The original meaning of the Establishment Clause has been debated furiously in recent generations due to judicial activism that spawned the freedom-from-religion movement. A great in-depth analysis by Conservative Politics Guide Ted Gausmann.

U.S. House: Church and State Not So Separate
A new juvenile crime bill passed by the House has included amendments encouraging religious displays in public schools, from Paul S. Reed your About Guide to Law.

Supreme Court - School Prayer Articles
A compilation of articles by About Guides on the controversial issue of the Supreme Court's banning of prayer and religion in public schools.

Express Your Opinions


Just click on a topic to read or take part in the discussion.

Subscribe to the Newsletter
Name	Email

Latest Additions
All new features and stories added to US Government Info/Resources.

Job Openings - Federal Government
Links to vacancy announcements at dozens of agencies and military branches.

Job Openings - State Governments
Links to vacancy announcements from all states and D.C.

Government Money and Aid - No Grant Needed
Where to find help with: Small Business Needs, Healthcare, Work or Career, Home Improvements, Hunger and Child Care or Family Needs. In most cases, you do not need a grant to get assistance from a government program.

In Congress Today
The daily schedules of House and Senate, major legislation, votes and more.

Huge Index of Government Web Sites
One of the largest lists of agencies, bureaus and offices on the Web.

E-Government! Online Government Services
From adopting wild horses to buying T-bills and bonds, the US Government is working to make more an more of its services available to Internet users. Try out E-Government now.

Supreme Court Report
Find out about recent decisions and major cases now being considered by the Supreme Court. Includes links to texts of Court decisions and analysis by many of your About.com Guides and other major media sources.

How to... 
...do lots of things involving the U.S. Government.

Latest News and Features
The latest news and features on US Government Info/Resources.

Politics? You want Politics?
Guide John Aravosis is and insider who'll deliver all the politics you can handle.

Military Questions?
Guide Rod Powers probably has the answers.

Immigration Headlines
Keep up with the latest news about U.S. immigration laws and events with Guides Jennifer and Peter Wipf.