in a suit brought by thomas van orden of austin, the united states court of appeals for the fifth circuit ruled in november 2003 that the displays were constitutional, on the grounds that the monument conveyed both a religious and secular message. van orden appealed, and in october 2004 the high court agreed to hear the case at the same time as it heard "mccreary county v. aclu of kentucky", a similar case challenging a display of the ten commandments at two county courthouses in kentucky.