Steve Crampton, chief counsel at the American Family Association Center for Law & Policy, is strongly critical of the Kentucky decision, saying it "smacks of judicial tyranny" to second-guess the "hidden purposes" of the commissioners who placed the displays. "The [Supreme] Court has tightened its grip on every aspect of our lives," he says. "These five un-elected people in black robes are not declaring law; they are arbitrarily setting social policy for the entire country."

He contends the split decision will have a major impact on future court decisions regarding interaction between church and state. "The sad result of what we're seeing from the Supreme Court today is their consolidated hold on ultimate authority," he states. "Every display of the Ten Commandments is going to be a question mark until the U.S. Supreme Court precisely announces what the rule is in those particular facts."

And Crampton laments that today's rulings really do not clear up the issue of the constitutionality of public Ten Commandments displays. "There is no 'bright line' rule of law, in other words," he says. "It's just whatever the court says it is as to what's constitutional and what's not." He explains further: "The fractured nature of the opinion loudly underscores the utter lack of any clear rule of law in these matters."

The attorney says that is simply not right. "It is not in accord with the intention of the founders, and it is not constitutional law for them to tell us how many, in this case, 'secular documents' have to go alongside of the Ten Commandments in order to make it constitutional," Crampton says. "Mere acknowledgment of religion is not an establishment of religion."

Liberty Counsel's Mat Staver concurs. "The founders would be outraged that we are even debating the constitutionality of the Ten Commandments," Staver offers. "That the Ten Commandments would be deemed unconstitutional is an insult to the Constitution." He contends the Constitution is "strong" and need not be amended to remedy these decisions. But something is needed, he adds: "[J]udges who understand the rule of law and who respect the Constitution."

Crampton urges supporters of the Ten Commandments not to be discouraged. "I would encourage those who believe in the proper place of religion in the public square to not let these cases dissuade us," he says. "We cannot be discouraged; we've got to continue on with the fight because there is a proper place for religious displays in the public."

Family Research Council (http://www.frc.org)

AFA Center for Law & Policy (http://www.afa.net/clp)

Liberty Counsel (http://www.lc.org)

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