The case, Cave v. Jester, has implications far beyond one monument in Arkansas. 

The federal district court relied on the so-called “Lemon Test,” a legal framework that Liberty Counsel defeated before U.S. Supreme Court in our 9-0 win in Shurtleff v. City of Boston back in 2022. 

In fact, thanks to our work, the Supreme Court has repeatedly moved away from the idea that religious content and symbols violate the First Amendment. Instead, courts are now directed to consider history and tradition — including how the Founders understood religious establishment. 

That matters. 

• The Arkansas monument does not force anyone to worship.
• It does not establish a state church.
• It does not punish anyone for rejecting the Ten Commandments.

It is a passive historical monument, privately donated to commemorate the role of the Decalogue in American and Western civilization. 

Please make a gift today to help Liberty Counsel defend religious freedom and our nation’s historic recognition of the Ten Commandments. 

And as our brief points out, the Ten Commandments are hardly foreign to our nation’s history. Displays of the Decalogue can be found at the U.S. Supreme Court, the Library of Congress, and the National Archives.  

There are about 50 displays of the Ten Commandments inside and outside the Supreme Court. The Ten Commandments is also part of the official seal of the Ninth Circuit Court of Appeals on the West Coast. Indeed, 12 of the 13 colonies adopted all 10 of the Commandments.  

Yet opponents are asking the courts to remove Arkansas’ monument. 

Liberty Counsel filed this amicus brief on behalf of the National Association of Christian Lawmakers and the American History and Heritage Foundation because this is about more than one monument. 

It is about whether government can acknowledge America’s history without being accused of establishing a religion. 

And this is not the only Ten Commandments case before the Eighth Circuit. Liberty Counsel has also filed a brief in Stinson v. Arkansas, defending Arkansas’ law requiring the posting of the Ten Commandments in public school classrooms and libraries. 

Your support helps make it possible for Liberty Counsel to bring strong constitutional arguments before the courts when religious freedom is under attack. 

The Supreme Court abandoned Lemon. Now the lower courts must follow the Constitution — not an obsolete test. 

Please stand with Liberty Counsel today. DOUBLE YOUR IMPACT with our Challenge Grant.

Thank you for partnering with Liberty Counsel to defend religious freedom and the constitutional rights of all Americans.

Mat Staver
Chairman
Christians in Defense of Israel

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SOURCE:

“Arkansas’ Ten Commandments Monument Is Constitutional.” Liberty Counsel, July 30, 2026. LC.org/newsroom/details/073026-arkansas-ten-commandments-monument-is-constitutional.