A constitutional challenge to a six-foot-tall marble monument to the Ten Commandments, which stands in front of Valley High School in New Kensington, Pa., has survived a motion to dismiss.
Noting that there is a split among the circuits regarding which of the four tests from the U.S. Supreme Court should determine whether or not a "passive display," like a monument, violates the Establishment Clause of the First Amendment, U.S. District Judge Terrence McVerry of the Western District of Pennsylvania looked at each test and said the factual record must be further developed before he can rule.
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