WASHINGTON: The US Supreme Court handed down two key rulings meant to clarify the law on the separation of church and state, but immediately fanned a fierce debate on God’s place in US society.
The court ruled that copies of the Ten Commandments could not be displayed in two Kentucky courthouses, but in a separate ruling said it was permissible for a monument based on the revered text to be exhibited at the Texas state legislature.
The rulings triggered a firestorm of complaints from conservative Christian groups, one of which claimed a religious “witch hunt” was being plotted from the heart of the US government.
The judgements also raised the stakes on the last day of the court’s current term, in a looming political battle over the court’s future, as rumours flew that cancer-stricken Chief Justice William Rehnquist may soon retire.
Both cases turned on the First Amendment of the US constitution which enshrines the separation of church and state.
The Supreme Court found that an artifact was not unconstitutional simply because it referred to religion — but merited careful analysis to decide whether it promoted government sanction of one particular religious message.
In a divided 5-4 decision, the court held two Kentucky courthouses had infringed the constitution by displaying framed copies of the Ten Commandments, which Christians and Jews believe were handed to Moses by God on Mount Sinai.
“When the government acts with the ostensible and predominant purpose of advancing religion, it violates that central Establishment clause value of official religious neutrality,” wrote Justice David Souter in the majority opinion.
But in a sign that fierce debate over the role of religion in US society also raged inside the court, conservative Justice Antonin Scalia filed a scathing dissent.
“How can the Court possibly assert that the First Amendment mandates neutrality between religion and non-religion,” Scalia wrote.
“Who says so? Surely not the words of the Constitution.”
Chief Justice William Rehnquist announced the decision in the Texas case, also decided by 5-4, his voice hoarse after his bout with thyroid cancer.
“Of course the Ten Commandments are religious,” said Rehnquist in the majority opinion.
“Simply having religious content or promoting a religious content or promoting a message consistent with a religious doctrine does not run afoul of the establishment clause,” he argued.
The decision on the Kentucky case in particular enraged conservative pressure groups.
“The court has failed to decide whether it will stand up for religious freedom of expression, or if it will allow liberal special interests to banish God from the public square,” said James Dobson, chairman of Focus on the Family.
“There is a religious witch-hunt underway, one which has infected virtually every level of our government.”
Another group, Concerned Women for America (CAW), said the Kentucky decision was a “stretch beyond reason” and pointed out that the US Supreme Court features some murals featuring the Ten Commandments.—AFP