The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Decision: Monday, November 17, 1980
Issues: First Amendment, Establishment of Religion
Categories: education, freedom of religion

Advocates

Not available

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.

Supreme Court Justice Opinions and Votes (by Ideology)

Sort by Seniority
(More information here)
Decision: 5 votes for Stone, 2 vote(s) against
Legal Provision: Establishment of Religion
Voted with the majority
Marshall
Voted with the majority
Brennan
Voted with the majority
Stevens
Jurisdictional dissent
Blackmun
Voted with the majority
White
Wrote a dissent
Stewart
Voted with the majority
Powell
Jurisdictional dissent
Burger
Wrote a dissent
Rehnquist
Per Curiam without Argument

Cite this page

The Oyez Project, Stone v. Graham, 449 U.S. 39 (1980),
available at: <http://www.oyez.org/cases/1980-1989/1980/1980_80_321/>
(last visited ).