News Release

McCreary and Pulaski Counties, KY - Kentucky officials in McCreary and Pulaski Counties, in separate sessions, voted to continue to defend courthouse displays that include the Ten Commandments. Both counties are prepared to take their cases back to the United States Supreme Court. The counties are represented by Liberty Counsel, a national litigation, education and policy organization.

On June 27, 2005, the Supreme Court issued a ruling on the Ten Commandments. In McCreary County v. ACLU of Kentucky, the Court ruled 5-4 against the display of the Ten Commandments in McCreary and Pulaski Counties. There, the Commandments were part of the "Foundations of American Law and Government" display. Justice O'Connor sided with the 5-4 majority which ruled that the display had a religious purpose because of the history of a different display prior to Liberty Counsel's involvement. On the same day, the Court issued a 4-1-4 decision in the Texas case. The Texas monument was upheld because it had been in place for 40 years with no obvious religious purpose.

The Kentucky case reached the Supreme Court at the preliminary injunction stage, without a trial or final order. Both counties have now voted to proceed with discovery and a trial. The counties are prepared to take their cases back to the Supreme Court. In the Kentucky case Justice O'Connor was the swing vote, but Judge Samuel Alito has now been nominated to replace her. In posting the display, the Kentucky counties relied in part on an opinion issued by Judge Alito involving a nativity scene in New Jersey. Town officials erected a nativity scene and were sued by the ACLU. The lower court struck down the display because it had only religious symbols. The town then modified the display to include other holiday symbols. The ACLU filed suit again, claiming the subsequent display was "tainted" by the initial display, and since the initial display had a religious purpose, any subsequent display was unconstitutional. Judge Alito rejected that argument and upheld the modified display. This history was strikingly similar to the Kentucky displays.

Mathew D. Staver, President and General Counsel of Liberty Counsel, stated: "The Supreme Court's decisions on the Ten Commandments are fractured, confusing, and offer very little guidance for future displays. The Court needs to establish a clear rule regarding the Ten Commandments and other public acknowledgements of God or religion. The changing composition of the Supreme Court presents an opportunity to clarify this important area of law."

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