Berkley Center

In Stone v. Graham the Supreme Court considered the constitutionality of a Kentucky statute that required the Ten Commandments to be posted on the walls of every classroom in the state. The copies of the Ten Commandments had been purchased with private contributions, and the following language appeared at the bottom of each copy in small print: “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.” Applying the test articulated by the Court in Lemon v. Kurtzman, the Court concluded that the Kentucky statute was unconstitutional because it had no secular legislative purpose. The Court noted that while several of the Commandments are secular in nature, the first part of the Commandments concerns the religious duties of believers. Merely posting the Commandments on the wall, the Court concluded, served no educational function, as the Commandments were not integrated into the secular curriculum; the display could give students the impression that the state was promoting the religious beliefs the Commandments represent. Regardless of the private funding and the explanatory language at the bottom of the display, the Court determined that by posting the Commandments under the auspices of the legislature, the state provided official support of religion in violation of the Establishment Clause.