Stone v. Graham

Joined in dissent by Justices Blackmun, Stewart and Chief Justice Burger, Justice Rehnquist asserted that the "Court's summary rejection of a secular purpose articulated by the legislature and confirmed by the state court is without precedent in Establishment Clause jurisprudence." He considered the questioning of Kentucky legislature intent highly inappropriate. The Court decision was thus assuming an implied unlawful religious purpose or desired effect by the state legislature and he believed this finding was unsupported by fact. Rehnquist wrote that the Court should accept Kentucky's statement in good faith and not rule the law void because the stated secular purpose might conflict with what others may see as religious. Rehnquist further wrote, "The Establishment Clause does not require that the public sector be insulated from all things which may have a religious significance or origin." In summary, he acknowledged the integral role of religion in U.S. history and government and that Kentucky was appropriately instructing its students on the "secular impact of the Ten Commandments." Rehnquist finished by protesting the lack of oral arguments and legal briefs presented to the Court in this case.