HOME > First Amendment Library > Case   Van Orden v. Perry (docket #: 03-1500) (2005)  [Findlaw] Secondary Link Van Orden v. Perry  [Legal Information Institute] Argument Date 03/02/2005 Decided 6/27/05 Supreme Court Vote 4-1-4 Note Re the transcript: The questioner identified on p. 8, line 21, as "UNKNOWN SPEAKER" is Justice Scalia. His comments there are a continuation of remarks that begin on line 13 of that page. [source: SCOTUSblog] Supreme Court Ruling Establishment Clause claim denied   Issue Whether a 6 feet high and 3 feet wide monument inscribed with the Ten Commandments and located on government property since 1961 constitutes an unlawful establishment of religion under the First Amendment.   Case Summary & Additional Resources Majority Opinion Rehnquist, C.J. (plurality, joined by Scalia, J., Kennedy, J. & Thomas, J.) Concurring Opinion Breyer, J., (concurringin judgment), & Scalia, J., & Thomas, J. Dissenting Opinion Stevens, J. (joined by Ginsburg, J.), & O'Connor, & Souter, J. (joined by Stevens, J. & Ginsburg, J.) Certiorari Granted 10/12/2004 Lower Court 5th Circuit Lower Court Ruling Establishment Clause claim denied Oral Arguments --transcript [source: SCOTUS] transcript (see Note) [source: US S Ct website] Oyez audio file  [Oyez] audio (Oyez)  [Oyez] Lawyers For Petitioner Erwin Chemerinsky (Duke Law School) For Respondent R. Ted Cruz, Texas Solicitor General Briefs For Amicus Rutherford Institute (in support of Respondent) News Stories & Commentary Bill Broadway, "A New Judgment Day For Decalogue Displays," Wash. Post, 10/23/04 (with photo of monument) David G. Savage, "High Court Tackles Religion ," Los Angeles Times, Oct. 13, 2004 Marci A. Hamilton, "Two Important Establishment Clause Issues The Supreme Court Will Decide This Term" (Findlaw, 10-21-04) Rod Smolla, "Why the commandments make for such messy law" (10-15-04) Tony Mauro Analysis "Context is key to sorting out Commandments rulings" (6/28/05) "Justices' choices surprise some court-watchers" (10/13/04) Opinion - Lower Court Van Orden v. Perry (5th Cir., 2003) News AP, "6th Circuit upholds Ky. Ten Commandments display" (12-20-05) AP, "Justices to scrutinize commandments displays" (10/12/04) AP, "Michigan lawmaker proposes allowing commandments displays" (03-04-05) AP, "Supreme Court splits on 2 Ten Commandments cases" (6/27/05) AP, "Suspense builds for Decalogue dialogue" (2-22-05) AP, "Wisconsin group ends fight over commandments display" (03-04-05) AP, Justices hear Ten Commandments disputes" (03-02-05) Other Chemerinsky, Erwin, CONSTITUTIONAL LAW (3rd Ed.) (2006), pp. 1196, 1225 Gey, Steven G., RELIGION AND THE STATE (2nd Ed.) (2006), pp. 435-445 JCD for Medill news Service (analysis & description) Kelsey Kirpatrick, Medill News Service, "Public Displays of Religion" (Dec., 2004) ) Munoz, Vincent Phillip, "Thou Shalt Not Post the Ten Commandments? McCreary, Van Orden, and the Future of Religious Display Cases," 10 Texas Review of Law and Politics 2 (2006), p. 357 Robert Kantor, Medill News Service, "Thou Shall Not Post or Post the Ten Commandments" (Dec., 2004) ) Susanna Dokupil, "Monumental Inconsistency," American Enterprise Institute Online Commentary Haynes, Charles, "High court on Ten Commandments: messy but wise decisions" (7-10-05) Haynes, Charles, "Ten Commandments, nine justices, zero winners" (03-06-05) Books Irons, Peter, "The Ten Commandments Cases from Kentucky and Texas," GOD ON TRIAL (2007), pp. 182-233  SEARCH MORE About this site About the First Amendment About the First Amendment Center How to contribute Video/RSS/podcasts First Amendment programs State of the First Amendment reports Religious liberty in public schools First Reports Supreme Court Columnists Experts First Amendment publications First Amendment Center history Glossary Freedom Sings™ Events First Amendment Schools Congressional Research Service reports Guest editorials FOI material The First Amendment Library Lesson plans freedomforum.org Newseum Contact us Privacy statement Related links

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