On Monday, the U.S. Supreme Court made two rulings concerning displays of the Ten Commandments within two Kentucky courthouses and then at the Texas Capitol. The Texas display was approved, but the Kentucky displays were ruled unconstitutional.
We're left wondering about the reason for the split. At this point, it seems the court has not committed itself to any firm precedent but still is leaving the matter open to judgment on a case-by-case basis. It would do better to take a clear stance.
The crux of the matter, according to the court, is a tenuous balance between the Establishment Clause of the First Amendment and whether or not a display has any secular purpose. The clause reads, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." But there are many exceptions, such as the phrase "In God We Trust" on U.S. currency and prayers during House sessions. The court's opinion reads, "Simply having a religious content or promoting a message consistent with religious doctrine does not run afoul of the Establishment Clause."
In the Kentucky case, McCreary County v. the American Civil Liberties Union, the framed displays of the Ten Commandments were ruled unconstitutional because they had no secular purpose.
However, in the Texas case, Van Orden v. Perry, the court ruled that the stone monolith inscribed with the Commandments did not violate the Constitution because it had a secular purpose in commending the group which donated it, the Fraternal Order of Eagles, for reducing juvenile delinquency.
The fact remains that in both instances, one of the main purposes for the displays is to canonize a certain set of beliefs, some of which are more or less universal among all people and some which are not. Religion plays a role in the lives of many people in the U.S., including public servants, but this doesn't mean religion has a place within government.
One of the main principles of government in the U.S. is liberty - the freedom from undue governmental restriction. Religion in government can easily impose on people's liberty in subtle ways, for example, by naming values which are right and wrong but have no legal bearing.
On the other hand, it is impossible to have perfect separation between church and state because religion is so intertwined with the lives of U.S. citizens. Thus, it would be difficult to rid every tiny vestige of religion from government because this would deny who many people are.
There is a line, however, that shouldn't be crossed. In Stone v. Graham in 1980, the Supreme Court ruled - and rightly so - that the placement of the Ten Commandments in public school classrooms is unconstitutional.
Citizens must not become complacent in deciding where this line should be drawn because these things do matter, regardless of how insignificant they might seem.
