What’s on your wall? If you’re a student in Louisiana, one thing will soon be a fixture in every classroom. That state now mandates posting The Ten Commandments in schools. Critics of this requirement have already vowed a constitutional challenge in the courts based on the First Amendment’s Establishment Clause. Will the law pass that test?
The New Law
In May, Louisiana state legislators approved House Bill 71 which Governor Jeff Landry then signed into law on June 19th. The legislation requires display of the Ten Commandments in all public classrooms from kindergarten through college classes at state-funded universities. It also specifies the appearance of the displays—poster-sized with wording in “large, easily readable font.”
A short fuse exists for compliance with the new law. The start of 2025 is the deadline for having posters in place. And state funds will not be utilized to implement the mandate.
A First
With Gov. Landy’s signature on the bill, Louisiana became the first state in the country to require the posting of the Ten Commandments in all public-school classrooms. However, other states, such as Oklahoma, Texas, and Utah may follow suit. In fact, the lieutenant governor of Texas publicly pledged to pass a similar mandate in the Lone Star State.
Public Reaction To Posting The Ten Commandments In Schools
Public reaction to this Louisiana law ranges from exultation to vilification. Former President Donald Trump enthusiastically endorsed the idea of such a display and has called for a “religious revival.” On social media, he posted “BRING BACK TTC!!!”
On the other end of the political spectrum, opponents, such as the American Civil Liberties Union (“ACLU”), question the constitutionality of the new law. They argue that this requirement for a religious text to be in all public classrooms violates the Establishment Clause of the US Constitution. For this reason, the ACLU has already vowed to mount a legal challenge.
First Amendment Considerations
At the crux of any legal challenge will be the correct interpretation of the Constitution’s First Amendment. That portion of the Bill of Rights says in key part: “Congress shall make no law respecting an establishment of religion….” Traditionally, the US Supreme Court has used what’s called the Lemon test, after a case involving a party named Lemon, to analyze Establishment Clause cases.
Under that test, a law must meet three requirements to withstand a constitutional challenge: it has a secular legislative purpose, the primary effect is neither to advance nor inhibit religion; it doesn’t foster a government entanglement with religion. More recent Supreme Court opinions, however, have moved away from the Lemon test to focus on historical practices and understandings.
Why The New Law Could Be Constitutional
Supporters of Louisiana’s mandate for posting the Ten Commandments in school urge the law does not have a solely religious purpose. Although the Ten Commandments come from the Bible, they have historical significance. Along with the posters, the new law requires a four-paragraph context statement. This statement describes how the Ten Commandments “were a prominent part of American public education for almost three centuries.” The passage of the Louisiana mandate evidences the legislators’ belief that religion, specifically Christianity, has been front and center in the founding and history of this country and its public institutions. Teaching history to students serves a secular purpose, and no government entanglement results if private funding provides for the required postings.
The Ten Commandments are not the only historical writings Louisiana’s law addresses. Although not required, the law authorizes displaying other documents in public K-12 schools. These documents include The Mayflower Compact (also referred to as “America’s First Constitution”) signed by religious pilgrims in 1620, the Declaration of Independence, and the Northwest Ordinance. Even though they may have a religious aspect, these documents serve as pieces of US history and give support to the claim the legislators’ primary focus rests on teaching history.
Beyond Reading, Writing, and Arithmetic
Students do go to school to learn basics such as reading, writing, and arithmetic. But is that all that they need to know? Shouldn’t they also be learning how to get along with others and in society? Rep. Dodie Horton, the bill’s author, would answer that question in the affirmative, seeing the Ten Commandments as offering a “moral code” in the classroom. In this vein, an appropriate secular purpose for the required posting could be to provide good guidelines for appropriate behavior in society in general and in the classroom in particular.
Desired Behavior In School And Critical Thinking
Arguing against the guidelines of the Ten Commandments, as opposed to their source, seems unreasonable. Do schools want students to use disrespectful and ugly language? (Third Commandment) Shouldn’t they respect their parents and other authority figures such as teachers, coaches, and principals as well? (Fifth Commandment) Should students believe in killing others whether in the school or outside of it? (Sixth Commandment) School officials don’t want students to steal from others whether that’s a physical taking of money or property or taking someone’s answers to cheat on a test. (Eighth Commandment) Nor do school officials want their charges to lie making false claims about other students or about school personnel. (Ninth Commandment)
Some of the Ten Commandments, such as the First, expressly address God as recognized by Christians. Learning the beliefs of a specific religion is educational. Whether the student accepts that belief is their decision. Shouldn’t students develop critical-thinking skills? Determining what they do or do not believe is a step everyone takes at some point. That applies to religion as well as a host of other topics in life.
What’s Ahead For Posting The Ten Commandments In Schools?
Louisiana’s mandate to post the Ten Commandments in schools signals the beginning of what likely is likely to become a long and hard-fought battle in the courts, perhaps even going all the way to the Supreme Court. The resolution will not depend on religious or political beliefs. The bottom line is what the Establishment Clause of the First Amendment allows. And that determination is a legal question.
Ad-Free & Subscriber Log-In