Van Orden v. Perry

Van Orden v. Perry, 545 U.S. 677 (2005), is a landmark decision of the United States Supreme Court.

A monument of the Ten Commandments stood on the grounds of the Texas State Capitol for 40 years. Thomas Van Orden, a lawyer who frequently used the capitol grounds, challenged the monument as violating the Establishment Clause. The monument was one of 17 monuments and 21 historical markers on the grounds.

Significance

Chief Justice Rehnquist’s plurality opinion (joined by four justices) upheld the monument, emphasizing the passive nature of the display and its historical significance. Justice Breyer cast the deciding vote, distinguishing this case from McCreary County v. ACLU (also decided that day), which struck down Ten Commandments displays in courthouses that had a clear religious purpose. The fractured ruling highlighted the difficulty the Court has faced in crafting a consistent Establishment Clause standard.

Category

US Federal Case Law