Stone v. Graham

Media Items
Case Basics
Docket No.: 
80-321
Petitioner: 
Stone
Respondent: 
Graham
Decided By: 
Burger Court (1975-1981)
Opinion: 
449 U.S. 39 (1980)
Categories: 
freedom of religion, establishment of religion, education
Location No location information present.

Cite this page
The Oyez Project, Stone v. Graham , 449 U.S. 39 (1980)
available at: (http://oyez.org/cases/1980-1989/1980/1980_80_321)
Facts of the Case: 

Sydell Stone and a number of other parents challenged a Kentucky state law that required the posting of a copy of the Ten Commandments in each public school classroom. They filed a claim against James Graham, the superintendent of public schools in Kentucky.

Question: 

Did the Kentucky statute violate the Establishment Clause of the First Amendment?

Conclusion: 

In a 5-to-4 per curiam decision, the Court ruled that the Kentucky law violated the first part of the test established in Lemon v. Kurtzman, and thus violated the Establishment Clause of the Constitution. The Court found that the requirement that the Ten Commandments be posted "had no secular legislative purpose" and was "plainly religious in nature." The Court noted that the Commandments did not confine themselves to arguably secular matters (such as murder, stealing, etc.), but rather concerned matters such as the worship of God and the observance of the Sabbath Day.

Decisions

Decision: 5 votes for Stone, 2 vote(s) against
Legal provision: Establishment of Religion

Sort by Ideology

Jurisdictional dissent
Burger
Voted with the majority
Brennan
Wrote a dissent
Stewart
Voted with the majority
White
Voted with the majority
Marshall
Jurisdictional dissent
Blackmun
Voted with the majority
Powell
Wrote a dissent
Rehnquist
Voted with the majority
Stevens

Per Curiam without Argument

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