Ten Commandments monument restored to Kentucky state Capitol after many years

A donated Ten Commandments monument has been permanently restored to Kentucky’s state Capitol grounds this week, more than four decades after it was removed.

The granite monument was returned on Wednesday following the passage of House Joint Resolution 15, which passed the House 79–13 on Feb. 19 and the Senate 32–6 on March 13. The resolution directed the state to reinstall the monument on Capitol grounds.

“I am pleased to see this historic Ten Commandments monument returned to its rightful place,” HJR 15 sponsor Rep. Shane Baker, R-Somerset, told FOX56. “The Ten Commandments have widely recognized historical significance in the history of the Commonwealth of Kentucky and the nation.”

The monument was first donated to the state in 1971 by the Fraternal Order of Eagles and remained on permanent display until its removal around 1980 due to a construction project. Efforts to reinstall it were halted in 2000 after the ACLU sued, and a federal district court ruled that displaying the monument violated the Establishment Clause under the Lemon test.

The Ten Commandments monument returned to the Kentucky state Capitol grounds after 40 years. (First Liberty Institute)

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The U.S. Supreme Court concluded in its 2022 Kennedy v. Bremerton School District ruling that the court had “long ago abandoned Lemon” and directed courts to evaluate Establishment Clause disputes based on “historical practices and understandings.”

First Liberty Institute, a religious-liberty law firm that represented the Fraternal Order of Eagles, praised the monument’s return on Wednesday.

“We congratulate the people of Kentucky for restoring a part of their history,” said Roger Byron, senior counsel for First Liberty Institute, in a press release. “There is a long tradition of public monuments like this one that recognize the unique and important role the Ten Commandments have played in state and national history.”

Vic Jeffries, trustee of Fraternal Order of Eagles Aerie 3423 in Hopkinsville, Kentucky, said, “We are thrilled to return the Ten Commandments monument to the Commonwealth and have it back where it belongs. The Eagles have donated over 100 Ten Commandments monuments to state and local governments over the years, and we’re glad to have ours back on the state Capitol grounds.”

Anna Dollar (2nd L) of Boone, NC, and Deanna Gosnell (R) of Avery, North Carolina, hold posters during a rally in front of the U.S. Supreme Court to support the Ten Commandments March 2, 2005, in Washington, D.C.  (Alex Wong/Getty Images)

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Some state lawmakers expressed reservations about the monument’s return, fearing it could invite another legal challenge or prompt questions about whether other faiths would be allowed similar displays on public grounds, according to WUKY.

“It gives me a little heartburn around separation of of church and state,” state Rep. Joshua Watkins told the outlet.

State Sen. Keturah Herron, D-Louisville, also expressed concerns that other faiths should be represented at the Capitol.

“I’m just curious as to why specifically the Ten Commandments, and if we were to do something like that, what are we going to do to ensure other religions like Buddhism, Muslims, other faiths have a presence here at our Capitol,” she asked, according to a Kentucky legislature press release in March.

The Kentucky state Capitol in Frankfort, Kentucky, photographed on Wednesday, June 8, 2022.  (Ryan C. Hermens/Lexington Herald-Leader/Tribune News Service via Getty Images)

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Baker said that the resolution wasn’t about religious displays but about recognizing the long tradition and role the Ten Commandments have played in U.S. history. 

Fox News Digital reached out to the ACLU for comment.