On November 18, 1999 the ACLU and several individuals filed a lawsuit against McCreary, Harlan and Polaski Counties in Kentucky in the United States District Court for the Eastern District of Kentucky. The Plaintiffs, represented by the ACLU and private counsel, sought declaratory and injunctive relief, claiming that the Defendants' display of the Ten Commandments in public schools and county courthouses violated the Establishment Clause of the First Amendment.

On June 22, 2001, the Court (Judge Jennifer B. Coffman) entered a preliminary injunction, ordering the Defendants to remove the displays of the Ten Commandments. ACLU v. McCreary County, 145 F.Supp.2d 845 (E.D.Ky. 2001). On December 18, 2003, the Sixth Circuit Court of Appeals (Judge Eric L. Clay) affirmed the District Courts preliminary injunction, noting that the Plaintiffs showed a likelihood of success on the merits. ACLU v. McCreary County, 354 F.3d 438, 462 (6th Cir. 2003). The Supreme Court of the United States granted certiorari and on June 27, 2005 affirmed the lower courts, holding that the Plaintiffs presented ample evidence to show the Defendant's unconstitutional religious message in displaying the Ten Commandments.

The Defendants complied with the injunction by removing the original displays of the Ten Commandments, and the county courthouses replaced them with displays which included the Ten Commandments, the Magna Carta, the Declaration of Independence, the Bill of Rights, the lyrics of the Star Spangled Banner, the Mayflower Compact, the National Motto, the Preamble to the Kentucky Constitution, and a picture of Lady Justice. The Harlan County schools did not erect such a display, and were dismissed from the lawsuit.

On September 28, 2007 the District Court ruled that because the Defendants did not demonstrate a "predominantly secular purpose" with their new display, they were still in violation of the First Amendment Establishment Clause. The Judge then referred the case to settlement, whereupon the Defendants made slight policy changes. Unsatisfied with the changes, the District Court declared the new displays unconstitutional and permanently enjoined them on August 4, 2008. On March 13, 2009, the District Court awarded the Plaintiffs over $400,000 in attorney's fees and costs.

On June 9, 2010 the Sixth Circuit Court of Appeals affirmed the District Court's permanent injunction, 607 F.3d 439 and the parties signed a joint notice of satisfaction of judgment on December 21, 2011.

Joshua Arocho - 06/15/2012


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