The state of Louisiana has sparked a national controversy by enacting a new law requiring the Ten Commandments to be displayed in all public classrooms.
The law, signed by the state’s Republican governor, has been roundly criticized by civil rights groups for violating students’ rights and blatantly disregarding the separation of church and state.
The issue is soon headed to court, with groups such as the American Civil Liberties Union (ACLU) saying they plan to sue the state and Gov. Jeff Landry vowing to defend the law.
The law also shows signs of becoming embroiled in domestic political competition, with former President Trump endorsing it in a Truth Social post.
“I love the Ten Commandments in public schools, private schools and many other places. Read them. How can we as a nation get it wrong???” Trump said.
“This may actually be the first big step towards a much-needed religious revival in our country,” he added.
Bible posters in Louisiana classrooms must be in “large, easy-to-read font” by early next year. The posters also include three paragraphs explaining the importance of the Ten Commandments in the history of American education.
“We are very pleased that Governor Landry has signed this bill into law, and we believe this bill brings us closer to the original intent of our Founding Fathers,” said Matt Kraus, attorney for First Liberty Institute.
“Since the 1980s, we’ve been allowed to hang the Ten Commandments on school walls, so we’ve been able to do that for a much longer period of time than we haven’t,” Krauss said. “I think this is a great step and a wonderful thing to reintroduce, especially to students, to some of the principles that this country was founded on.”
However, shortly after the law was signed, the ACLU and its Louisiana chapter, Americans United for Separation of Church and State, and the Freedom From Religion Foundation announced they would file a lawsuit, arguing that the measure violates the First Amendment, creates “unconstitutional religious coercion on students,” and makes non-Christian students feel unwelcome.
“This is a perfect example of how Christian nationalism is spreading across our country. This bill would force public school children of all faiths to read and worship the state’s endorsed Christian teachings — a complete violation of the separation of church and state,” said Rachel Lezer, president and CEO of Americans United for Separation of Church and State.
The crux of the debate may lie in the Supreme Court’s decision in 2022 to strike down the Lemon test. The standard first appeared in 1971 in Lemon v. Kurtzman, where the justices ruled that the government could not fund secular schools without violating the separation of church and state clause.
In 1980, the Supreme Court heard the case of Stone v. Graham and ruled that a Kentucky law requiring the Ten Commandments in schools was unconstitutional under the Lemon standard.
However, in the 2022 case of Kennedy v. Bremerton School District, the Supreme Court ruled in favor of a football coach who was fired for praying after a game. The school justified the decision by arguing that the coach had violated the separation of church and state clause.
In their ruling, the judges said:[i]Instead of the “Lemon and Recognition Test,” the judiciary must now interpret the Church and State Clause “with reference to historical practice and understanding.”
“It would be hard for anyone to argue that the Ten Commandments aren’t part of the historic tradition of the American education system and American culture,” Krauss said. “That’s why they’re likely to withstand any constitutional scrutiny.”
“There is no other document in American history, religious or otherwise, that is more universal,” he said, noting that the document has been referenced in the Supreme Court and on Capitol Hill. He added that it’s good that Louisiana students will ask questions about the poster in their classrooms and that teachers will have an “opportunity to reflect on the history of the founding of America.”
But opponents of the law argue that the Founding Fathers are actually on their side.
“All these sources make it clear that the separation of church and state clause was intended to prevent any kind of government religious coercion or preferential treatment or the government taking a position on religious issues,” Laser said.
Other Republican-leaning states may soon try to follow Louisiana’s lead: Neighboring Texas previously considered requiring the Ten Commandments in public schools but didn’t get around to doing so before the legislature was in session.
“Texas could and should have been the first state in the nation to restore the Ten Commandments to our schools,” Republican Lt. Gov. Dan Patrick said Thursday.
“I intend to pass the Ten Commandments bill again in the Senate next session,” Patrick added.
Laser noted a worrying trend in Republican-led states of blending religion into taxpayer-funded schools, including pastors replacing school counselors, coaches praying with students and a push for religious charter schools.
“We don’t need states turning public schools into Sunday schools. We need a nation that reaffirms the separation of church and state, which protects everyone’s freedom to live as they please and believe as they choose, as long as it doesn’t harm others,” she added.
