The Kentucky legislature passed House Joint Resolution 15 (HJR 15) on March 13, essentially reminding us of the historic roots of the law. The Resolution allows for the display of a Ten Commandments monument on the State Capitol grounds.
Detractors argue that such a religious display is contrary to the American doctrine of the disestablishment of religion. Groups like the ACLU of Kentucky say that such a display is “unconstitutional.” However, such detractors would do well to look at the U.S. Supreme Court building, which features in the center of its east side a marble statue of Moses holding forth none other than the Ten Commandments. Such a feature, alongside such lawgivers as Confucius and Solon, represents the essential role the Ten Commandments and the natural law tradition at large plays in our nation’s laws and mores.
Supporters say that the display of the Ten Commandments outside of the Kentucky Capitol serves as a reminder to citizens and legislators alike that we are not left in the dark concerning these issues of morality. America was built on a broadly Judeo-Christian tradition, acknowledging the great Lawgiver as the basis for our rights and laws. The Kentucky Constitution already acknowledges this centrality of God to the Commonwealth. The Preamble gives thanks to “Almighty God for the civil, political and religious liberties we enjoy” and seeks to invoke the “continuance of these blessings.”
The monument in question was originally donated to the Commonwealth of Kentucky in 1971 by the Fraternal Order of Eagles and was displayed on the New State Capitol grounds until the 1980s, when it was relocated to Western Kentucky for storage during a construction project. The monument returned to the Capitol grounds in the year 2000. However, just two years later, the monument was removed once again, this time due to legal concerns.
In 2005, the Supreme Court of the United States ruled in Van Orden v. Perry that the Ten Commandments were appropriate for display within a historical context outside of the Texas Capitol building. The majority opinion argued that such monuments are not contrary to the Establishment Clause of the First Amendment. Rather, the Court cited the “strong role played by religion and religious traditions throughout our Nation’s history” to justify the display.
Justice Rehnquist, joined by Justices Scalia, Thomas, and Breyer likewise cited the Court’s ruling in School Dist. of Abington Township v. Schempp, which argues that “religion has been closely identified with our history and government…” The Opinion goes on to speak of the Founding Fathers’ devotion to God and the inalienable rights that are “rooted in Him” and “clearly evidenced in their [Founding Fathers’} writings, from the Mayflower Compact to the Constitution itself…”
The Court acknowledged the undeniable role that the Judeo-Christian tradition has played in our nation’s history. Supporters of HJR 15 argue that the Ten Commandments being displayed outside of Kentucky’s Capitol is simply another testament to our nation’s religious heritage, which, if forgotten, threatens the very survival of the American Experiment. No civilization can survive without being rooted in a transcendent order. As founding President, George Washington stated, “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports.”
In a time when the Commonwealth is experiencing alarming levels of child abuse, incarceration, and drug use, we need to be reminded of our moral foundation. When such moral codes are forgotten, society devolves into chaos, as the statistics bear out.
While teaching the spiritual importance of the Ten Commandments should take place within the realm of the church, application by citizens in their daily lives benefits the state. Restoring the Ten Commandments monument to the Capitol grounds is a good reminder of the historical significance of religion and morality in the history of the Commonwealth and the nation at large.
