Stone v. Graham
449 U.S. 39 (1980)
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Rule of Law:
A state statute requiring the posting of a religious text in public schools violates the Establishment Clause of the First Amendment if its pre-eminent purpose is religious, regardless of a legislatively declared secular purpose or private funding for the display.
Facts:
- The Kentucky legislature passed a statute requiring the posting of a copy of the Ten Commandments in each public school classroom.
- The statute mandated that the copies be purchased with private contributions made to the state treasurer.
- The statute required the displayed copies to be sixteen inches wide by twenty inches high.
- The statute required a small notation at the bottom of each display stating: '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.'
Procedural Posture:
- Petitioners filed a lawsuit in a Kentucky state trial court seeking an injunction against the statute's enforcement.
- The state trial court upheld the statute, finding it had a secular purpose and did not violate the Establishment Clause.
- Petitioners appealed to the Supreme Court of the Commonwealth of Kentucky, the state's highest court.
- The Supreme Court of Kentucky affirmed the trial court's decision by an equally divided court.
- Petitioners then filed a petition for a writ of certiorari with the Supreme Court of the United States.
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Issue:
Does a state statute requiring the posting of the Ten Commandments on the walls of public school classrooms violate the Establishment Clause of the First Amendment?
Opinions:
Majority - Per Curiam
Yes, the statute violates the Establishment Clause. A state statute is unconstitutional if it fails any of the three prongs of the test established in Lemon v. Kurtzman. The Kentucky statute fails the first prong because it has no secular legislative purpose. Despite the legislature's avowed secular purpose, the pre-eminent purpose for posting the Ten Commandments is plainly religious, as they are an undeniably sacred text in the Jewish and Christian faiths. The first several commandments concern religious duties, not secular matters. The state's attempt to frame the display as educational is unconvincing, as its primary effect would be to induce students to venerate and obey the commandments, which is not a permissible state objective. It is irrelevant that the copies are privately funded, as the posting occurs under the auspices of the legislature, constituting official state support for a religious message.
Dissenting - Justice Rehnquist
No, the statute does not violate the Establishment Clause. The Court should defer to the secular purpose articulated by the Kentucky legislature and upheld by the state courts. The Ten Commandments have had a significant impact on the development of secular legal codes, and the state is permitted to educate its students about this historical fact. The Court's summary rejection of the legislature's stated purpose is without precedent. The Establishment Clause does not require that the public sector be completely insulated from all things with religious origins, as religion is deeply intertwined with our history and government. The fact that the document has religious significance does not bar the state from acknowledging its secular goals and impact.
Analysis:
This decision solidifies a strict application of the 'secular purpose' prong of the Lemon test, affirming that courts will look beyond a legislature's stated justification to determine a statute's pre-eminent purpose. It establishes a strong precedent against the display of sacred texts in public schools, even when accompanied by a secular disclaimer or funded by private sources. The ruling reinforces the principle that state endorsement of a religious message, however minor, is a key concern under the Establishment Clause, significantly limiting the government's ability to incorporate religious symbols into the public educational environment.
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