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AMERICAN CIVIL LIBERTIES UNION, KY. v. GRAYSON CO.

No. 08-5548.

591 F.3d 837 (2010)

AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY, Raymond Harper, and Ed Meredith, Plaintiffs-Appellees, v. GRAYSON COUNTY, KENTUCKY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 14, 2010.

Attorney(s) appearing for the Case

ARGUED: Mathew D. Staver, Liberty Counsel, Orlando, Florida, for Appellant. William E. Sharp, General Counsel, American Civil Liberties Union of Kentucky, Louisville, Kentucky, for Appellees. ON BRIEF: Mathew D. Staver, Liberty Counsel, Orlando, Florida, Stephen M. Crampton, Mary E. McAlister, Liberty Counsel, Lynchburg, Virginia, for Appellant. William E. Sharp, David A. Friedman, General Counsel, American Civil Liberties Union of Kentucky, Louisville, Kentucky, for Appellees. Steven W. Fitschen, The National Legal Foundation, Virginia Beach, Virginia, for Amicus Curiae.

McKEAGUE, J., delivered the opinion of the court, in which FORESTER, D.J., joined. MOORE, J. (pp. 857-63), delivered a separate dissenting opinion.

OPINION

KEAGUE, Circuit Judge.

In 2001, the Grayson County Fiscal Court approved a proposal to hang a "Foundations of American Law and Government Display" in the county courthouse. The display consisted of nine historical documents, including a copy of the Ten Commandments, along with an "Explanation Document" purporting to describe the significance of these items as foundations of law and government in the United States. The district court found that the...

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