Professional Documents
Culture Documents
Allegheny v. ACLU-1989
Facts: Challenge to two holiday displays erected every year in downtown Pittsburgh. The first display was a crche,
placed on the grand staircase of the county courthouse. The second display was a menorah located outside of the City-
County building where the mayor and other city official have their offices. This display also included a Christmas tree.
Ruling: The Court Holds the Creche Unconstitutional but Holds the Menorah Constitutional
Reasoning: The display of the crche here did not contain objects of attention that were separate from the crche and
had their specific visual story to tell. The crche instead stood alone and was the single element on display on the Grand
Staircase. This allowance sent an unmistakable message that the county supports and promotes the Christian praise to
God. However, the menorah display was different because it stood next to a Christmas tree and a sign saluting liberty
and so creates an overall holiday setting and so the display wont be perceived as an endorsement or disapproval of
individual citizens religious choices.
Stone v Graham-1980
Facts: Challenge to a Kentucky statute requiring the posting of a copy of the Ten Commandments, purchased with
private contributions, on the wall of each public school classroom in the state. The state legislature required the notation
in small print at the bottom of each display that the secular application of the Ten commandments is clearly seen in its
adoption as the fundamental legal code of Western civilization and the common Law of the United States.
Ruling: The Court Holds the Statute Unconstitutional
Reasoning: Applying the Lemon test, the statute has no secular legislative purpose. The posting of the notation is not
sufficient to avoid conflict with the First amendment. The pre-eminent purpose of posting the Ten Commandments,
which do not confine themselves to arguably secular matters, is plainly religious in nature, and the posting serves no
constitutional educational function. The fact that the posted copies are financed by voluntary private contributions is
immaterial because the mere posting under the auspices of the legislature provides the official support of the state
government that the Establishment Clause prohibits.