Ten Commandments resolution becomes law without Beshear’s signature

Gov. Andy Beshear has allowed legislation that would return the Ten Commandments monument, which was donated by the Kentucky Aerie of the Fraternal Order of Eagles in 1971 to the State Capitol grounds, to become law without his signature.

The monument was displayed on the Capitol grounds until the 1980s, when it was moved to storage due to a construction project. In 2000, a joint resolution was signed into law requiring it be returned to the Capitol grounds for permanent display near the floral clock, but that never happened due to legal challenges. 

In 2002, the U.S. Sixth Circuit Court of Appeals affirmed a lower court order prohibiting enforcement of the 2000 joint resolution, by applying a test established by the United States Supreme Court in Lemon v. Kurtzman in 1971. As a result, the monument was returned to the Fraternal Order of Eagles and given to the care of the organization’s chapter in Hopkinsville.

However, in 2005, the United States Supreme Court in Van Orden v. Perry upheld the exhibition of an essentially identical Fraternal Order of Eagles’ Ten Commandments monument on permanent display on the state Capitol grounds in Austin, Tex. The Court held that Lemon was “not useful in dealing with the sort of passive monument that Texas has erected on its Capitol ground,” and instead focused on the “nature of the monument” and “our Nation’s history.” That negated the Court of Appeals order.

The sponsor of the legislation, designated House Joint Resolution 15, Rep. Shane Baker, R-Somerset, noted, “Returning the monument to the Capitol grounds is historic restoration, acknowledging the history and tradition of the Commonwealth and our nation.”

Beshear has offered no public comment on his action .

Thursday and Friday are the final two days of the 2025 regular session of the General Assembly.