McCreary County, Kentucky v. American Civil Liberties Union of Kentucky — O'Connor, J., Concurring

Summary

Justice O'Connor concurs in the Court’s opinion and that the Counties’ display of the Ten Commandments violated the Establishment Clause. She explains that the Religion Clauses protect religious liberty and prohibit government endorsement of religion, arguing the display sent an unmistakable message of endorsement to the reasonable observer. Justice Scalia, dissenting, would uphold the displays as historically permissible acknowledgments of religion.