TownHall.com George Will June 28, 2005
WASHINGTON — The Supreme Court on Monday rendered two more hairsplitting, migraine-inducing decisions about when religious displays on public property do and do not violate the First Amendment protection against “establishment” of religion. In a case from Texas, where a Ten Commandments monument stands outside the state Capitol, the court, splintered six ways from Sunday, said: We find no constitutional violation. The second case came from Kentucky, where the Commandments displayed in several courthouses are surrounded by historical symbols and documents — e.g., copies of the Mayflower Compact, the Declaration of Independence, the Star Spangled Banner — to comply with the “reindeer rule,” more about which anon. On Monday the court recoiled from Kentucky’s displays, saying, they are unconstitutionally motivated by a “predominately religious purpose.” Not enough reindeer?
Never mind the court’s minute reasoning about the finely tuned criteria it has spun over the years. Instead, consider — as the court should have done years ago, when it began policing religious displays — a few facts about the era in which the Establishment Clause was written.