![]() The context of the monument is critical to this case, and it appears that the state used the Ten Commandments in a predominantly secular way. The state has not legally compelled the plaintiff to take any action. ![]() Moreover, its applications should be limited to situations that involve actual legal coercion, according to the meaning of "establishment" at the time of the Constitution. Under the original meaning of the Establishment Clause, it should apply only to the federal government rather than the states. In this setting, it does not violate the Establishment Clause, in part because the three-factor test used in Lemon v. ![]() The display was presented in the context of the state's political and legal history, and it should be analyzed with regard to the relationship between them. While the Ten Commandments are a religious text, their author (Moses) is commonly perceived as a lawgiver. He brought a claim against the state on the grounds that the monument violated the Establishment Clause. They included a monolith of the Ten Commandments, which offended Van Orden when he walked past it to reach the Texas Supreme Court Library. The state of Texas placed 17 monuments and 21 historical markers on the grounds of its state capitol building to commemorate certain aspects of Texan identity.
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