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.
Argued: April 23, 2009
Decided and Filed: January 14, 2010
Opinion by Circuit Judge McKeague
For Appellant: Mathew D. Staver, Liberty Counsel
For Appellee: William E. Sharp, General Counsel, ACLU of Kentucky