Religion in Public Schools: A Detailed Explanation of the Ten Commandments Mandate
Starting January 2025, all public schools in Louisiana will be required to display the Ten Commandments in classrooms, following the enactment of a new law (House Bill 71) signed by Republican Governor Jeff Landry on June 19th. This legislation mandates that the Ten Commandments posters be at least 11 by 14 inches, prominently displayed, and written in large, easily readable font. Each poster will also include a statement highlighting the historical significance of the Ten Commandments in US public education. This move has been met with both support and significant opposition, reflecting the deeply polarized views on the role of religion in public schools.
SOURCE: USA Today
Religious Legislation and Its Implications
House Bill 71 is a part of a broader trend of religious legislation in Louisiana. Last month, the state passed House Bill 98, which permits public school districts to hire chaplains as mental health professionals and counselors. This initiative, like House Bill 71, reflects the influence of a conservative wave under Governor Landry, who succeeded Democratic Governor John Bel Edwards in January. With the Republican party holding a supermajority in the Legislature and all statewide elected positions, conservative lawmakers have been able to advance their agenda with little opposition.
Supporters of the law argue that the Ten Commandments have a historical significance and have influenced American legal systems, claiming that displaying the commandments in classrooms is a way to educate students about the historical foundations of American law. The legislation includes a three paragraph assertion that the Ten Commandments were a “prominent part of American public education for almost three centuries,” framing the law as a nod to historical tradition rather than a religious mandate and enabling them to argue that the law serves as an educational purpose rather than purely a religious one.
Legal Challenges and Historical Context
The debate over the display of religious symbols in public schools is not new. In 1980, the Supreme Court ruled that a similar Kentucky law violated the Establishment Clause of the Constitution, which prohibits Congress from making any law “respecting the establishment of religion.” The Court found that the Kentucky law had no secular purpose and served only a religious agenda. Similarly, in 2005, the Supreme Court ruled that displays of the Ten Commandments in Kentucky courthouses were unconstitutional, although it upheld a Ten Commandments monument on the grounds of the Texas State Capitol in Austin.
The Louisiana law has already faced backlash from parents and civil liberties groups, including the American Civil Liberties Union (ACLU), which has filed a lawsuit challenging the constitutionality of the statue. The plaintiffs in the lawsuit, who include individuals of various religious backgrounds and non-religious individuals, argue that the law violates the First Amendments of the US constitution. They contend that the statue interferes with parents’ rights to direct their children’s religious education and that mandating the display of a specific version of the Ten Commandments is religiously coercive.
SOURCE: NOLA
In their complaint, filed in the US District Court for the Middle District of Louisiana, the plaintiffs cite the 1980 Supreme Court case Stone v. Graham, which struck down a similar state law. They argue that H.B. 71 “substantially interferes with and burdens” parents’ First Amendment rights, also highlighting that the mandated display of the Ten Commandments does not respect the diverse religious beliefs of students and their families, thereby imposing a specific religious viewpoint in a public educational setting.
Supporters’ Defense and Recent Supreme Court Decisions
Supporters of the law have cited the 2022 Supreme Court decision in Kennedy v. Bremerton School District as a defense. In this case, the Court ruled in favor of a high school football coach who was fired for praying on the field, stating that his prayers were protected as private speech. This decision discarded the precedent known as the Lemon test, which had been used to assess cases related to the Establishment Clause. The Lemon test required courts to consider whether a government practice had a secular purpose, whether its primary effect was to advance or inhibit religion, and whether it fostered excessive government involvement with religion.
With the Lemon test no longer being used, supporters of the Louisiana law argue that the display of the Ten Commandments in classrooms is a form of private speech and therefore constitutionally protected. They claim that the Supreme Court’s decision in the Kennedy case supports the notion that religious expressions by individuals or in public spaces, such as classrooms, are protected under the First Amendment, as long as they do not coerce participation or imply government endorsement.
Wider Implications and Enforcement
Louisiana is not alone in attempting to mandate the display of the Ten Commandments in schools. States such as Texas, Oklahoma, and Utah have considered similar laws, but none have enacted mandates due to the potential for legal challenges. Louisiana’s enforcement of this law is somewhat ambiguous, as the legislation does not specify the repercussions for non compliance. Hence, lack of clear consequences poses the question about standardization of the law across the state, and thus the overall effectiveness of this unregulated mandate. The Louisiana Department of Education is tasked with identifying and posting resources on its website to provide the posters free of charge. Lawmakers have suggested that the posters will likely be donated to schools by supportive organizations, such as the Louisiana Family Forum, a Christian conservative group that has already set up a page to produce and distribute the posters.
Former President Donald Trump has also endorsed the display of the Ten Commandments in schools. Speaking to a group of evangelical Christians in DC, he expressed support for Louisiana’s new law, drawing cheers from the audience. Trump’s endorsement has added a national spotlight to the issue, further polarizing public opinion.
Conclusion
The implementation of House Bill 71 marks a significant shift in Louisiana’s educational policy, intertwining religious elements with public education. This law has ignited a heated debate over the separation of church and state, parental rights, and the politicization of religion. As legal challenges proceed, the outcome will have profound implications for the interpretation of the First amendment and the role of religion in public schools across the US. The controversy underscores the ongoing tension between religious freedom and secular governance, a debate that continues to shape the American legal and educational landscape.
The enforcement of these laws, the reactions they elicit, and the legal battles they provoke will serve as critical tests for the boundaries of religious expression and the protection of individual rights in public institutions. Louisiana’s legislative actions reflect broader national trends and debates, illustrating the complex and often contentious interplay between religion, education and civil rights in the new millenia. As these issues unfold, they will undoubtedly influence future legislative efforts and judicial decisions, shaping the landscape of American public education and civil liberties for years to come.
10 sources for further research and reading:
https://www.nytimes.com/2024/06/21/us/louisiana-ten-commandments-landry.html
https://www.washingtonpost.com/nation/2024/06/25/oklahoma-court-catholic-charter-school-rejected/
https://www.cnn.com/2024/06/24/politics/louisiana-parents-sue-ten-commandments-schools/index.html
https://www.theguardian.com/us-news/article/2024/jun/24/louisiana-ten-commandments-schools-lawsuit
https://www.pewresearch.org/religion/2019/10/03/religion-in-the-public-schools-2019-update/
https://www.cbsnews.com/news/lawsuit-challenges-louisiana-classrooms-ten-commandments-law-aclu/