Earlier this year, Clint Elliott, the Executive Director of the Justice Defense Foundation, prepared and submitted a legal analysis to the Kentucky Attorney General requesting a formal opinion on the constitutionality of restoring the Ten Commandments display to the Capitol grounds and our public schools. In the past, several federal court cases raised questions about such displays, resulting in the removal of those displays from public schools. However, those cases no longer represent controlling law due to recent Supreme Court cases restoring the history and tradition test as the correct analysis for such displays.
Over seventy current and former members of the Kentucky General Assembly joined Clint’s request for an Attorney General opinion. In response to that request, the Kentucky Attorney General wrote in part:
- Writing on behalf of former State Representatives Claudia and Tom Riner, former House Speakers Jody Richards and Greg Stumbo, and 77 current members of the Kentucky General Assembly, attorney Clinton J Elliot has requested an opinion “on the constitutionality of restoring the Ten Commandments display to the Capitol grounds in Frankfort and in our public schools.”
- That a majority of the current membership of the General Assembly chose to join in this request is clearly indicative of the significance of the issue to the citizens of our Commonwealth.
- Restoring a monument inscribed with the text of the Ten Commandments to the Capitolgrounds in recognition of the role that the Ten Commandments have played in the historyof our nation and Commonwealth likely would not violate the Establishment Clause.
- The General Assembly likely may direct public schools in Kentucky to display a copy of the Ten Commandments in classrooms without violating the Establishment Clause provided that the manner and context of such displays “lack a ‘plainly religious,’ ‘pre-eminent purpose,’” but rather serve to highlight the “undeniable historical meaning” of the text.
- As this Office explained in a recent amicus brief, the weight of historical evidence in favor of public displays of the Ten Commandments is significant.
https://www.ag.ky.gov/Resources/Opinions/Opinions/OAG%2025-02.pdf