Many Ten Commandments monuments in America are decades old, but various local governments put up new displays as well. Some argue that old displays are ‘historical,’ but the same can’t be said about new ones. Should these new Ten Commandments displays be allowed? Should the government display and thereby promote the Ten Commandments, even in the context of other historical and legal documents? Defenders of the separation of church and state say no.
Some defend the Ten Commandments by simply arguing that they are part of the history of human law and have played a role in the development of American law. A display of the commandments is, therefore, entirely appropriate from a secular perspective. Whatever religious meaning they may have for some, they do have a secular meaning and a secular role to play in the public square. Opponents say that this is just a weak rationalization for the government to promote religion.
Others explicitly acknowledge the religious meaning of the Ten Commandments and deny that there is anything particularly secular about them. Being religious, though, is no reason not to have displays of them. America was founded as a Christian Nation and, therefore, it is appropriate for American governments to acknowledge both their debt to and duty before God by memorializing God’s more fundamental laws. If people are reminded of them, they will be more likely to follow them and lead the sorts of lives God wants.
Opponents insist that these are not appropriate goals for any level of government in America. They agree that the Ten Commandments are religious and communicate a religious message, but that’s precisely why it is wrong to create displays of them. American government shouldn’t be memorializing, promoting, endorsing, or otherwise showing favoritism towards the religion or religious beliefs of any one group of Americans over those of other Americans.
McCreary County, Kentucky, put up a Ten Commandments display in the county court house. After it was challenged, the county added several more documents referencing religion and God: the Congressional Record from 2/2/83 proclaiming a Year of the Bible, an excerpt from the Declaration of Independence stating “all men ... are endowed by their Creator with certain unalienable rights,” an quote from the Constitution of Kentucky stating “We, the people from the Commonwealth of Kentucky, grateful to Almighty God”; President Lincoln’s proclamation of a Day of Prayer, President Reagan’s proclamation that 1983 was the Year of the Bible, a copy of the Mayflower Compact invoking the “name of God,” and a picture of Abraham Lincoln with a quote from him saying “The Bible is the best gift God has ever given to man.”
In 2000, this display was declared unconstitutional. The court noted that the County selected only documents or portions of documents expressing favoritism towards certain religious ideas; therefore, it could not be claimed as an effort to educate people about legal or cultural traditions in America. In some cases, the editing of the documents arguably distorted their original context and meaning in order to endorse a religious meaning preferred by the county.
Rather than appeal, the county changed the display to include the Ten Commandments alongside the full text of the Magna Carta, the Declaration of Independence, the Bill of Rights, the Star Spangled Banner, the Mayflower Compact of 1620, a picture of Lady Justice, the National Motto, and the emblem and preamble to the Kentucky Constitution. Each document was accompanied by explanations of their significance. With the Ten Commandments, the display said that they constituted the “moral” background of America’s legal traditions.
