Louisiana has just enacted a law requiring the display of the Ten Commandments in all public school classrooms (and a few other places). The law would go into effect in 2025, but not if groups advocating for individual liberty have anything to say about it. The ACLU, for one, is already planning a lawsuit against the new law, saying that it violates the First Amendment.
H.B. 71
House Bill No. 71, proposed by multiple representatives and senators, mandates the display of the Ten Commandments in all classrooms across most schools in the state. The requirement applies to all public schools, from elementary to secondary and even postsecondary institutions. It also applies to private schools that receive public funding. It carves out an exemption for charter schools, but most schools, colleges, and universities in the state are affected because most receive some type of government funding.
The displays must be at least 11 by 14 inches, centrally focused on the Ten Commandments, and printed in a large, readable font. If you’re not familiar with the Ten Commandments, the first few are less about acting morally and more about which religion is the right one. The law specifies the exact wording of the text that should be displayed, starting with: “I AM the LORD thy God; Thou shalt have no other gods before me; Thou shalt not make to thyself any graven image.” That’s pretty … commanding.
The law doesn’t require affected schools to spend their own funds to purchase the displays, but it does allow them to do so. Schools can also accept donated funds to purchase the displays or accept donated displays.
Republican Governor Signs Bill
Newly-elected Louisiana Governor Jeff Landry signed the bill into law on June 19. A Republican, Landry's political ideology aligns with conservative principles typically associated with the Republican Party, including conservative views on social issues. He tends to support traditional family values and is often aligned with conservative stances on issues such as marriage and education. The bill on the Ten Commandments is one of 18 bills Landry signed as part of his “Dream Big” education plan that aims to “bring back common sense in our classrooms."
Before the governor signed the bill into law, legislators bolstered the bill in an attempt to conform to existing laws. For example, the law references previous court rulings that allowed the Commandments to be displayed in certain situations. They also added the requirement of a “context statement” to be posted near the Commandments themselves. The statement is four paragraphs long and explains that the Commandments “were a prominent part of American public education for almost three centuries,” a clear attempt to focus on its historical, rather than religious, importance.
Advocates for the New Law
Supporters of the new law argue that it’s not actually about religion. For example, Republican state representative Dodie Horton asserted: “This is not preaching a Christian religion. It’s not preaching any religion. It’s teaching a moral code.” Last year, Rep. Horton sponsored a different bill that would require public schools to display the national motto “In God We Trust″ in classrooms, a law that went into effect after the previous governor signed it.
Proponents argue the law reintroduces foundational governmental documents into schools. During a committee hearing in April, Horton added, “The Ten Commandments are the basis of all laws in Louisiana, and given all the junk our children are exposed to in classrooms today, it’s imperative that we put the Ten Commandments back in a prominent position.”
Liberal Groups Plan to Sue
Liberals were immediately up in arms against the new law. In the wake of the announcement, the American Civil Liberties Union (ACLU), along with its Louisiana chapter and the groups Americans United for Separation of Church and State and the Freedom from Religion Foundation, announced that they would soon file a lawsuit challenging the law.
According to these groups, the new law violates both the First Amendment and longstanding precedent from the U.S. Supreme Court. Half a century ago, the SCOTUS held in Stone v. Graham that a similar state statute was unconstitutional. The Court in that case established that the First Amendment bars public schools from posting the Ten Commandments in classrooms.
In a joint statement, the groups intending to sue stated: “The First Amendment promises that we all get to decide for ourselves what religious beliefs, if any, to hold and practice, without pressure from the government. Politicians have no business imposing their preferred religious doctrine on students and families in public schools.”
The Louisiana ACLU said in a press release: The displays mandated by H.B. 71 will result in unconstitutional religious coercion of students, who are legally required to attend school and are thus a captive audience for school-sponsored religious messages. They will also send a chilling message to students and families who do not follow the state’s preferred version of the Ten Commandments that they do not belong, and are not welcome, in our public schools.
A New Religious Precedent?
The Louisiana bill is the first of its kind to pass into law. Attempts to pass similar laws in other Republican-led states have been unsuccessful, such as those in Texas and Oklahoma. No other state requires the Ten Commandments to be displayed in public schools.
We’ll have to wait and see if the maverick law will stand under constitutional challenge. If not, it could make major waves for American students.
Related Resources:
- Religion at School (FindLaw's Learn About the Law)
- Student Rights Against Discrimination at School (FindLaw's Law and Daily Life)
- What Types of Religious Activities Are Allowed in Public Schools? (FindLaw's Learn About the Law)
