Editorial: Court’s split verdict

Tuesday, June 28, 2005 | 9:20 a.m.

On Monday the Supreme Court issued two opinions that didn't provide much certainty for those embroiled in the debate over whether the Ten Commandments should be displayed on government property. In a case involving a 6-foot-display of the Ten Commandments on the grounds of the Texas Capitol, the court found that the Commandments didn't violate the constitutional separation between church and state. The 5-4 decision held that, because the Ten Commandments were just one of many other historical sculptures at the Texas Capitol, such a display was permissible. That decision wasn't wholly unexpected since the courtroom in the Supreme Court contains a marble frieze of Moses holding the Ten Commandments, along with 17 other historical lawgivers.

Meanwhile, the Supreme Court ruled in a case from Kentucky that the Ten Commandments displayed in two county courthouses were a blatant endorsement of religion. It was only after the American Civil Liberties Union filed a lawsuit objecting to the Commandments that the courthouses added other displays. "The reasonable observer could only think that the counties meant to emphasize and celebrate the religious message," Justice David Souter wrote for the 5-4 majority.

In a nutshell, the Supreme Court has said lower courts should consider governmental displays of the Ten Commandments on a case-by-case basis, considering the historical context of how they came to be displayed. While there may be merit to such a nuanced view, the fact that no certainty has emerged from the Supreme Court on this issue will likely result in more confusion -- and more mischief by those who try to fuzz the line separating church and state.