Squeezed Lemon

Law | Is the high court warming to religious displays by government? | Priya Abraham

WASHINGTON, D.C. — Pedestrians tramping by the Supreme Court on March 2 knew some contentious cases were lined up that morning from the demonstrators outside. By 9 a.m. Americans United for the Separation of Church and State were in full throttle, giving little heed to the few Christians who showed up. Three hours later, however, they had mostly given way to prayer groups.

Even with icy winds dragging temperatures into the low 20s, the two sides were bound to turn out with the court hearing oral arguments on Ten Commandments displays on government property. But inside was warmer, and so, it seemed, were the eight justices toward finding ways for government to acknowledge religion.

The two cases argued back-to-back were Van Orden v. Perry and McCreary County v. ACLU of Kentucky. The first dealt with a 40-year-old Decalogue display on the Texas Capitol grounds. The second dealt with county courthouse displays of the commandments, but could be the one to set a new precedent on the constitutionality of religious displays.