American Civil Liberties Union of Ohio Foundation, Inc. v. Ashbrook

I respectfully dissent. I question whether the ACLU has standing to bring this action, but certainly that issue is worthy of more discussion than the majority opinion devotes to it. Assuming that the ACLU does have standing, I disagree with the district court’s and the majority’s applications of the Lemon test. The facts of this case clearly indicate that Judge DeW-eese’s purpose in posting the Ten Commandments was sufficiently secular to survive this Establishment Clause challenge.

I

I believe that the issue of standing is an open question, and one deserving of significant discussion. The…