The Monument and the Message: Pragmatism and Principle in Establishment Clause Ten Commandments Litigation

Abstract:     
This article examines the standard approach taken by litigators defending public Decalogue displays and suggests that there is a theological problem raised by this approach. It is argued that the common approach taken by those who defend public Ten Commandments displays itself can devalue the Commandments and the principles that they embody. After identifying and exploring the problem, this article concludes by suggesting alternate legal approaches for the theologically self-conscious practitioner.

Number of Pages in PDF File: 25

Keywords: Establishment Clause, Ten Commandments displays, theology, Van Orden, McCreary

Accepted Paper Series