03-1693 McCREARY COUNTY, KY, ET AL. V. ACLU OF KY, ET AL.

Decision Below: 354 F.3d 438 (6th Cir. 2003)

QUESTIONS PRESENTED

1. Whether the Establishment Clause is violated by a privately donated display
   on government property that includes eleven equal size frames containing an
   explanation of the display along with nine historical documents and symbols
   that played a role in the development of American law and government
   where only one of the framed documents is the Ten Commandments and the
   remaining documents and symbols are secular.
   
   
2. Whether a prior display by the government in a courthouse containing the
   Ten Commandments that was enjoined by a court permanently taints and
   thereby precludes any future display by the same government when the
   subsequent display articulates a secular purpose and where the Ten
   Commandments is a minority among numerous other secular historical
   documents and symbols.
   
   
3. Whether the Lemon test should be overruled since the test is unworkable and
   has fostered excessive confusion in Establishment Clause jurisprudence.
   
   
4. Whether a new test for Establishment Clause purposes should be set forth by
   this Court when the government displays or recognizes historical expressions
   of religion.
   

Cert. Granted 10/12/04