High Court Grants Cert on Public Display

The Supreme Court of the US is going to review public display of religious documents for the first time in 25 years. The cases involved include a Texas case where the Ten Commandments were displayed on public grounds. The Fifth Circuit held that it was permissible because it was one of many monuments, and something about the secular value of the Ten Commandments. The other case is one from Kentucky where they displayed the Ten Commandments, but also added other secular historical documents.

This is going to be interesting. The general question likely to be answered is whether the display of a particular religious symbol can be made into non-endorsement by context. Randall Kallinen is quoted in the San Antonio Express (sub) saying that this case could affect the Harris County Bible Case. It will depend, however, on how the court defines the issue. The Bible, first of all, is not a historical legal document; it is unabashedly a religious text. The issue appealed by the County (as best I can tell) is whether an explicit religious symbol can be used in a monument without any other context.

I think the biggest losers in this case will be the Christian establishmentarians who have championed the posting of the Ten Commandments as a way to bring religion into public life. I think even if the court allows these displays, it will be for the express reason that the context removes the implication that religion is being brought into public life.

News: AP; Chron