United States Sixth Circuit

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Am. Civil Liberties Union of Kentucky v. Grayson County, 08-5548

In an action by the ACLU against a county challenging a display of the Ten Commandments in a County Fiscal Court, district court's finding that the hanging of the display was shown to have been motivated by a predominantly religious purpose in holding that the inclusion of the Ten Commandments in the display violated the Establishment Clause is reversed, and the permanent injunction vacated, as the district court erred in its assessment of the record as plaintiffs failed to present sufficient evidence to prove that the Fiscal Court had an impermissible purpose or that the display endorses religion.

Appellate Information

  • Argued 04/23/2009
  • Decided 01/14/2010
  • Published 01/14/2010

Judges

  • Before MOORE and McKEAGUE, Circuit Judges; FORESTER, Senior District Judge.

Court

  • United States Sixth Circuit

Counsel

  • For Appellees:
  • ARGUED:Mathew D. Staver, Liberty Counsel, Orlando, Florida, for Appellant. William E. Sharp, General Counsel, American Civil Liberties Union of Kentucky, Louisville, Kentucky, for Appellees. ON BRIEF:Mathew D. Staver, Liberty Counsel, Orlando, Florida, Stephen M. Crampton, Mary E. McAlister, Liberty Counsel, Lynchburg, Virginia, for Appellant. William E. Sharp, David A. Friedman, General Counsel, American Civil Liberties Union of Kentucky, Louisville, Kentucky, for Appellees. Steven W. Fitschen, The National Legal Foundation, Virginia Beach, Virginia, for Amicus Curiae.