How Will the Ten Commandments Cases Be Resolved?
Each of these cases tests the Supreme Court’s context-dependent Establishment Clause jurisprudence. Where the government transparently endorses a religious viewpoint, as was the case with Roy Moore Ten Commandments, the Establishment Clause violation is readily apparent. As I have discussed in a prior column, the first four commandments are purely religious and cannot be defended as the “basis” of American law. So any posting of them with the intention of indoctrinating those who view them violates the Establishment Clause. On the other hand, however, education about religion, or through reference to religion, is not unconstitutional. Indeed, it is a valuable part of any education. Thus, the hard question in each case is whether the particular displays cross the line from permissible education to government endorsement. Many have called upon the court to give guidance on this issue, and many no doubt expect or hope for a plain-as-the-nose-on-your-face ruling. But those who seek an easy
