On November 27, 2001, the ACLU and complainant filed this First Amendment case in the United States District Court for the Eastern District of Kentucky, against Mercer County, claiming that display of the Ten Commandments inside the county courthouse constituted an endorsement of religion in violation of the First Amendment's prohibition of the establishment of religion.

The District court (Judge Karl S. Forster) denied the plaintiffs' motion for a preliminary injunction 240 F.Supp.2d 623 (E.D.Ky. Jan 22, 2003)(NO. CIV.A. 01-480-KSF); and granted the defendants' motion for summary judgment, holding that there was no violation since the predominant purpose of the county display was secular - in that it was part of a display of eight other objectively secular historical documents.

219 F.Supp.2d 777 (E.D.Ky. Sep 06, 2002) (NO. CIV.A. 01-480-KSF)

Plaintiffs appealed to the Sixth Circuit Court of Appeals. On April 27, 2004, the appellate court affirmed the district court's judgment 432 F.3d 624, 2005 Fed.App. 0477P (6th Cir.(Ky.) Dec 20, 2005) (NO. 03-5142) and later denied plaintiffs' motion for rehearing en banc. 446 F.3d 651, 2006 Fed.App. 0146P (6th Cir. Apr 24, 2006) (NO. 03-5142)

Dan Dalton - 06/09/2008


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