WASHINGTON — The Supreme Court struggled Wednesday with the politically charged issue of whether prominent display of the Ten Commandments at government buildings violated separation of church and state.
In a Texas case, the court heard a challenge to a granite monument depicting the biblical Ten Commandments that sits near the entrance to the state Capitol in Austin. A second case tests whether Kentucky judges went too far when they posted framed copies of the Ten Commandments on the walls of a county courthouse.
Defenders say the displays merely acknowledge the nation's religious heritage and the historical role of the Ten Commandments as a source of law and morality. The challengers say the biblical commands show the government to be endorsing religion, a violation of the 1st Amendment's ban on an "establishment of religion."
The questions asked by the justices suggested they were headed for a split decision.
"It's so hard to draw the line," said Justice Sandra Day O'Connor, the centrist who is likely to draw the line in both cases.
State lawmakers may open their sessions with a prayer delivered by a chaplain, O'Connor noted, citing a past ruling. How then can it be unconstitutional to have a monument with the Ten Commandments sitting outside the Capitol? she asked.
Because placing the Ten Commandments in front of the Capitol "conveys a powerful message" that the government "is endorsing religion," said Duke University law professor Erwin Chemerinsky on behalf of Thomas Van Orden, a homeless Texan who sued to have the monument removed. "This is a sacred and solemn text. These are God's words to God's followers."
To which Justice Antonin Scalia replied, in effect, what's wrong with that?
"It's a symbol that the government derives its authority from God," he said. "That's what this is about. Our laws are derived from God."
Scalia said he believed that 90% of the American people supported having the Ten Commandments on display, even if "85% of them couldn't tell you what they say."
Justice Anthony M. Kennedy said he too saw no problem with the display of the Ten Commandments. He said he did not understand "this obsessive concern with anything religious." Those who do not wish to see the Ten Commandments at the Capitol grounds "can avert their eyes," he said. Demands to remove the Ten Commandments show "hostility to religion," he added.
