The Ten Commandments Cases and the Future of the Religion Clauses of the First Amendment

Abstract

This article explores the implications of the Supreme Court’s June 2005 decisions involving the public display of the Ten Commandments. The article first explains that the decisions will do little to alleviate the confusion that currently exists about the constitutionality of the public display of religious symbols. The article then focuses on a major problem with the Court’s Establishment Clause jurisprudence — viz., that the Court is unwilling to acknowledge the special value of religion. The article closes with some observations about the opinions of Justices Scalia and Thomas and suggests that their opinions offer the prospect of a much-needed reorientation of the Court’s approach to the Establishment Clause.