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ACLU of Kentucky, Meredith and Harper v. Grayson County, Kentucky |
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2008 Legal Program -
Freedom of Religion
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Also see:
ACLU of Kentucky and McQueary v. Mercer County, Kentucky
ACLU of Kentucky, Wilson and Tunnell v. Garrard County, Kentucky
ACLU of Kentucky, et al. v. Rowan County, Kentucky
United States Court of Appeals / United States District Court
In March, 2008, the ACLU of Kentucky successfully argued to U.S. District Court Judge Joseph McKinley that Grayson County's Ten Commandments display violated the First Amendment. Judge McKinley agreed with the plaintiffs that the "readily discoverable facts" demonstrated that Grayson County acted with a "predominantly religious purpose" in posting the Ten Commandments display and thus violated the Establishment Clause. The Court also concluded that the County's asserted rationales for the display, i.e. that the County posted the Decalogue for educational and historical reasons, were merely "litigation positions" and that Grayson County "never considered a secular purpose for the display."
Grayson County has decided to appeal Judge McKinley's ruling to the Sixth Circuit Court of Appeals. Grayson County's brief to the Court is due July 1 and the ACLU's response brief is due August 4.
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