Stone v. Graham
Title
Description
"Freedom of conscience and of worship is the cornerstone of the foundation of our nation. There is no 'official' church in this country; indeed, it is indisputable that many of our forebears [**10] came to America to escape the established church and religious oppression. It is likewise true that once having achieved religious freedom for themselves, certain religious groups became remarkably intolerant of those who held dissimilar religious views, and they sought to employ the power of the state to further their religious beliefs."
Case summary: The circuit court ruled that Ky. Rev. Stat. Ann. § 158.178, requiring the posting of the Ten Commandments in every public school classroom, was constitutional. Thereafter, the civil liberties union appealed. On review, the court was equally divided on the issue and, pursuant to Ky. Sup. Ct. R. 1.020(1)(a), affirmed the judgment of the circuit court without an official opinion. The court framed the issue as to whether the commonwealth or its agents could require the Ten Commandments to be posted on a wall in each public elementary and secondary school classroom. The justices that would uphold the ruling of the circuit court reasoned that the knowledge, understanding, and dissemination of philosophical and ethical ideas, and the exposure of students to the various political, moral, and religious doctrines that are part of our heritage as human beings are certainly necessary and desirable goals in order to educate the young and help them become mature and informed adults. The justices that would overrule the circuit court's judgment held that Ky. Rev. Stat. Ann. § 158.178 gave a preference to a particular creed contrary to Ky. Const. § 5 and, consequently, was void. The members of the court participating in the consideration of the appeal being equally divided, the judgment of the trial court stood as affirmed without an official opinion of the court.
Case summary: The circuit court ruled that Ky. Rev. Stat. Ann. § 158.178, requiring the posting of the Ten Commandments in every public school classroom, was constitutional. Thereafter, the civil liberties union appealed. On review, the court was equally divided on the issue and, pursuant to Ky. Sup. Ct. R. 1.020(1)(a), affirmed the judgment of the circuit court without an official opinion. The court framed the issue as to whether the commonwealth or its agents could require the Ten Commandments to be posted on a wall in each public elementary and secondary school classroom. The justices that would uphold the ruling of the circuit court reasoned that the knowledge, understanding, and dissemination of philosophical and ethical ideas, and the exposure of students to the various political, moral, and religious doctrines that are part of our heritage as human beings are certainly necessary and desirable goals in order to educate the young and help them become mature and informed adults. The justices that would overrule the circuit court's judgment held that Ky. Rev. Stat. Ann. § 158.178 gave a preference to a particular creed contrary to Ky. Const. § 5 and, consequently, was void. The members of the court participating in the consideration of the appeal being equally divided, the judgment of the trial court stood as affirmed without an official opinion of the court.
Date
1980-04-22
Type
Court Case
Source
Stone v. Graham, 6 (April 22, 1980) . Case summary: https://supreme.justia.com/cases/federal/us/449/39/case.html