Stone v. Graham

The ruling found that placement of a copy of the Ten Commandments in public classrooms constituted unlawful promotion of the Christian religious tradition. The Establishment Clause violation was largely based on the lack of integration of the Ten Commandments into a formal school curriculum. Various organizations and public school districts have since developed and adopted such curricula. The ruling also marked a growing trend by the Court to evaluate the purpose of state legislation in individual cases, not just the effects of laws.

In 1978 the state of Kentucky passed legislation requiring placement of a copy of the Ten Commandments, purchased with private donations, on the wall of each public school classroom. Also required was a notation in small print at the bottom of each display. The notice stated that the "secular application of the Ten Commandments is clearly seen in its adoption as the fundamental legal code of Western Civilization and the Common Law of the United States." Despite complaints, James Graham, Superintendent of Public Instruction in Kentucky, defended the stated secular purpose and emphasized the use of private funds. Stone filed suit with state court claiming the law violated the Establishment Clause of the First Amendment. The Establishment Clause states that, "Congress shall make no law respecting an establishment of religion." The clause guarantees separation of church (religion) and state (government). Government can neither favor one religion over another nor religion over non-religion.

The state court accepted the secular purpose as stated in the Kentucky law. The court found the action neither promoted or inhibited any religion or religious group nor involved the state excessively in religious matters. Appeal to the Kentucky Supreme Court led to affirmation of the lower court's finding through a tie vote. Stone then appealed to the U.S. Supreme Court.