State laws requiring the Ten Commandments to be displayed in public school classrooms are losing legal battles, but supporters remain hopeful about potential Supreme Court challenges.
Backers in Louisiana, Arkansas, and Texas aim to escalate their cases to the highest court, despite facing consistent legal defeats, even in traditionally conservative courts.
The core of the lawsuit is that these laws violate the First Amendment rights of students and parents by mandating Ten Commandments posters. Yet, supporters are optimistic about the Supreme Court’s future ruling.
“It’s not surprising that these attempts to reintroduce the Ten Commandments in schools are facing legal challenges. They’re following proper channels, and I think, once they reach the Supreme Court, they might back them, given recent shifts in legal perspectives,” said one supporter.
The “lemon test,” previously used to assess violations of the establishment clause, was effectively overturned by the Supreme Court in the 2022 Kennedy v. Bremerton School District case.
“The abandonment of the lemon test and the shift to a history and tradition standard means that earlier decisions can’t just be brushed aside by the Supreme Court without further discussion,” they added.
“I believe showcasing the Ten Commandments offers a chance for the judiciary to establish broader frameworks beyond what was initiated in Kennedy,” they emphasized.
The U.S. Court of Appeals for the Fifth Circuit, seen as one of the nation’s most conservative courts, deemed Louisiana’s Ten Commandments law unconstitutional, suggesting that what’s at stake is more significant than just Supreme Court preferences.
However, opponents caution that the issue is far from settled, as it’s unclear whether the Supreme Court will choose to take up the case.
“The legal landscape suggests the current court may not be sympathetic to claims allowing Ten Commandments postings in public schools. Many have confronted significant hurdles,” noted Bob Tuttle, a law and religion professor at George Washington University Law School.
“Those who prevailed in Kennedy v. Bremerton School District made it clear that many legal variables have shifted. They successfully reintroduced religious elements into public education,” he added.
The conservative majority court has reacted to right-wing apprehensions surrounding religion and education, demonstrating its ideological leanings by supporting parents who sought to exempt their children from specific teachings, including LGBTQ themes.
On the flip side, the Supreme Court recently rejected a major religious charter school proposal in a 4-4 split after Justice Amy Coney Barrett recused herself.
“I doubt the Supreme Court will engage with this case, and if they do, they will face a tough choice. They’ll need to confront significant alterations to the establishment clause that impact education, which they haven’t done yet,” Tuttle commented.
Others note signs that Republican lawmakers are working to shape a more favorable court atmosphere for these laws.
Emily Whitt, a senior communications strategist for the Texas Freedom Network, pointed out that state legislators are not only making changes to Ten Commandments laws but are also ensuring that the state attorney general supports school districts if these laws face challenges.
“It feels like there’s a hope this legislation will provoke lawsuits, which misuses taxpayer money and promotes unconstitutional measures,” Whitt remarked.
“From our perspective, this reflects a long-standing strategy to pass laws that go through the legal system to reconfigure courts, testing constitutional boundaries. We view this as a significant disregard for the Constitution,” she concluded.
