Supreme Court jumps into sensitive issue of Ten Commandments displays

WASHINGTON — The Supreme Court said Tuesday it will take up the constitutionality of Ten Commandments displays on government land and buildings, a surprise announcement that puts justices in the middle of a politically sensitive issue.

Justices have repeatedly refused to revisit issues raised by their 1980 decision that banned the posting of copies of the Ten Commandments in public school classrooms.

In the meantime, lower courts have reached a hodgepodge of conflicting rulings that allow displays in some instances but not in others.

The high court will hear appeals early next year involving displays in Kentucky and Texas.

In the Texas case, the justices will decide if a Ten Commandments monument on the state Capitol grounds is an unconstitutional attempt to establish state-sponsored religion.

A homeless man, Thomas Van Orden, lost his lawsuit to have the 6-foot tall red granite removed. The Fraternal Order of Eagles donated the monument to the state in 1961. The group gave scores of similar monuments to American towns during the 1950s and '60s, and those have been the subject of multiple court fights.

Separately, the justices will consider whether a lower court wrongly barred the posting of the Ten Commandments in Kentucky courthouses.

McCreary and Pulaski county officials hung framed copies of the Ten Commandments in their courthouses and later added other documents, such as the Magna Carta and Declaration of Independence, after the display was challenged.

"The Ten Commandments case could be the blockbuster religious liberty case that the Supreme Court has seen in a really long time," said Mathew Staver of the conservative law group Liberty Counsel, who represents the Kentucky counties. "It's finally here."

Last week, the justices rejected an appeal from a high-profile crusader for Ten Commandment monuments, ousted Alabama Chief Justice Roy Moore, who lost his job after defying a federal order to dismantle a Ten Commandments monument.

Staver said some courts have allowed monuments, others have ordered their removal. A divided appeals court panel sided with the American Civil Liberties Union in the Kentucky case.

"It's part of our American heritage. People are upset when they see that being removed," Staver said.