Jeremy Hurd

School Law

Case Review #1

1-22-04

 

I.                   Origins

 

A.       Name, location, and date of the case.

The name of the case is Stone v Graham 449 U.S. 39 (1980).  The location of the case originally began in the state of Kentucky regarding a state statute that was previously decided on November 17, 1980.

 

B.       Level of Court that issued the decision.

The Supreme Court of the Commonwealth of Kentucky issued the original decision to uphold the state statute.  This particular case reached the U.S. Supreme Court and was reversed.

 

C.       Level of control of the school over the conditions of the case.

The level of control of any individual school in the state regarding this issue is was uncontrollable.  A Kentucky statute required the posting of a copy of the Ten Commandments, purchased with private contributions, on the wall of each public classroom in the state.  Each individual district and their schools were required by state law to adhere to this policy.

 

I.                         Analysis of Conditions

 

A.      What area of school law does this case relate to or involve.  How?

The area of school law that this case is relative to is a violation of the Establishment Clause of the First Amendment.  The Ten Commandments and their association with ties to a specific religion, associate this case with the Establishment clause. 

 

B.        What are the major arguments for the plaintiffs?

 

The plaintiff’s claim in this case was that the posting of the Ten Commandments, did not serve any secular purpose and that the intention of the posting of these commandments were plainly religious in nature and that the posting serves no constitutional educational function. Support of this claim stems from the US Supreme Court case of Abington School District v. Schempp.  This case set precedent concerning the issue of the Establishment Clause. This case had decided that even though the daily readings from the Bible were not designed to promote any particular religion and that the students were not compelled to participate, it was a violation of the Establishment Clause.  This was the primary basis for the plaintiff’s case.

 

C.       What are the major arguments for the defendants?

 

The defendants in the case and the state of Kentucky insisted that the statute in question serves a secular legislative purpose.  The state claimed that the primary purpose requiring the display of the Ten Commandments was for the promotion of the fundamental legal code of Western Civilization and the Common Law of the United States.   The state court found the "avowed" purpose of the statute to be secular, even when it labeled the statutory declaration to be "self-serving."

 

C.        What was the decision made in this case?

 

The Supreme Court reversed the Kentucky Supreme Court decision.  The US Supreme Court found that the requirement of the posting of a copy of the Ten Commandments, purchased with private contributions, on the wall of each public school classroom in the State has no secular legislative purpose, and therefore was unconstitutional and a violation of the Establishment Clause of the First Amendment.

 

II.                      Personal Reaction

 

A.      What is your personal reaction to the decision made in this case?

 

My personal reaction towards this case is very divided.  However, I do believe that the posting of the Ten Commandments in the schools is a violation of the Establishment Clause.  Though some of our countries’ laws were based upon many of these commandments, such as ‘Though Shalt Not Kill’, there is no particular method for determining if this is completely secular in nature.  The commandments come directly from the Bible itself, and thus a promotion of Jewish and Christian values.  It does not address the beliefs and standards of other religions as a whole.  Due to the Establishment Clause, I believe the court made the right decision by not requiring the posting of these commandments.  I do however believe in the moral nature that these commandments imply and their relation to the laws governing our country.

 

B.        What are the implications of this case for you as a future school

administrator?

 

The relative nature of this case implies that any written promotion of any religion in my school could be classified as a violation of the Establishment Clause.  I would need to remember that the promotion of any particular religion could fall under this law.  It is important that the school that I am working in be conscious of these decisions.  I can not remember seeing a posting of these commandments in any school that I was in.  I think that the case concerning the Pledge of Allegiance will again set the bar for what can and can’t be said concerning religion in public schools.