In 1980, the United States Supreme Court ruled public displays of the Ten Commandments in schools were unconstitutional.
A legal expert says that was then, but that doesn't mean that's the case now.
Stan Barnhill is a first amendment lawyer at Woods Rogers in Roanoke.
He says in most cases the Supreme Court has ruled public displays of the ten commandments are unconstitutional.
Barnhill told News 7 "the little bit I've read and seen in the press about what Giles County did, it looks to have a religious motivation and so if that's the case and a federal judge finds them, Giles County will lose at that level."
Liberty University which displays the ten commandments throughout its law school believes the ten commandments is a historic document, and therefore constitutional in schools.
Mat Staver, the founder of the Liberty Counsel, told News 7 "fifty displays of the ten commandments are in the United States Supreme courtroom in fact the only written document inside the Supreme Court room is the ten commandments."
In 2005, the Supreme Court was split regarding 3 cases involving public displays of the ten commandments.
The court allowed an exhibit at the Texas Capitol and barred others at two Kentucky Courthouses.
Roanoke attorney, Stan Barnhnill points out they were 5 to 4 decisions and the Supreme Court since then has become more conservative. Barnhill told News 7 "The 1980 Supreme Court I believe would have found what Giles County has done unconstitutional. The 2005 Supreme Court I think would find Giles County did unconstitutional. Who knows what the 2011 United States Supreme Court would find."
Before this heads to any court, there needs to be a plaintiff. In this case, it would have to be a parent from Giles County.
Liberty Counsel says it is ready to provide legal advise even defend the Giles County school system in any lawsuit.
