{"id":70459,"date":"2023-10-28T00:59:15","date_gmt":"2023-10-28T04:59:15","guid":{"rendered":"https:\/\/world.edu\/?p=70459"},"modified":"2023-10-28T00:59:15","modified_gmt":"2023-10-28T04:59:15","slug":"louisianas-in-god-we-trust-law-tests-limits-of-religion-in-public-schools","status":"publish","type":"post","link":"https:\/\/world.edu\/louisianas-in-god-we-trust-law-tests-limits-of-religion-in-public-schools\/","title":{"rendered":"Louisiana\u2019s \u2018In God We Trust\u2019 law tests limits of religion in public schools"},"content":{"rendered":"

\"\"<\/p>\n

When Louisiana passed a law in August 2023 requiring public schools to post \u201cIn God We Trust<\/a>\u201d in every classroom \u2013 from elementary school to college \u2013\u00a0the author of the bill claimed<\/a>\u00a0to be following a long-held tradition of displaying the\u00a0national motto<\/a>, most notably on U.S. currency.<\/p>\n

But even under recent Supreme Court precedents, the Louisiana law may violate the\u00a0establishment clause of the First Amendment<\/a>, which prohibits the government from promoting religion. I make this observation as one who has researched and\u00a0written extensively on issues of religion<\/a>\u00a0in the public schools.<\/p>\n

The Louisiana law specifies that the motto \u201cshall be displayed on a poster or framed document that is at least 11 inches by 14 inches. The motto shall be the central focus \u2026 and shall be printed in a large, easily readable font.\u201d The law also states that teachers should instruct students about the phrase as a way of teaching \u201cpatriotic customs.\u201d<\/p>\n

Similar bills are being promoted by groups like the\u00a0Congressional Prayer Caucus Foundation<\/a>, a nonprofit that supports members of Congress who meet regularly to\u00a0defend the role of prayer in government<\/a>. To date, 26 states have considered bills requiring public schools to display the national motto. Seven states, including Louisiana,\u00a0have passed laws<\/a>\u00a0in this regard.<\/p>\n

Recent shift in the law<\/strong><\/h4>\n

The Supreme Court has long treated public schools as an area where government-promoted religious messaging is unconstitutional under the First Amendment\u2019s\u00a0establishment clause<\/a>. For example, the Supreme Court held in\u00a01962<\/a>,\u00a01963<\/a>,\u00a01992<\/a>\u00a0and\u00a02000<\/a>\u00a0that prayer in public schools is unconstitutional either because it favored or endorsed religion or because it created coercive pressure to religiously conform. In\u00a01980<\/a>, the court also struck down a Kentucky law requiring the Ten Commandments to be posted in classrooms.<\/p>\n

At the same time, the court has protected private religious expression for individual students and teachers in public schools.<\/p>\n

The Louisiana law comes at a time of\u00a0rising concerns about Christian nationalism<\/a>\u00a0and on the heels of a pivotal court case. In the 2022 case\u00a0Kennedy v. Bremerton School District<\/a>, the court overturned more than 60 years of precedent when it ruled that a public school football coach\u2019s on-field, postgame prayer did not violate the establishment clause. In doing so, the court rejected long-standing legal tests, holding instead that courts should look to\u00a0history and tradition<\/a>.<\/p>\n

The problem with using history and tradition as a broad test is that it can change from one context to the next. People \u2013 including lawmakers \u2013 are apt to ignore the negative and troubling lessons of U.S. religious history. Prior to the Kennedy decision, history and tradition were used by a majority of the court to decide establishment clause cases only in specific contexts, such as\u00a0legislative prayer<\/a>\u00a0and\u00a0war memorials<\/a>.<\/p>\n

Now, states like Louisiana are trying to use history and tradition to bring religion into public school classrooms.<\/p>\n

A history of \u2018In God We Trust\u2019<\/strong><\/h4>\n

Contrary to what people often assume, the phrase \u201cIn God We Trust\u201d has not always been the national motto. It\u00a0first appeared on coins<\/a>\u00a0in 1864, during the Civil War, and in the following decades it sparked controversy. In 1907, President Theodore Roosevelt urged Congress to\u00a0drop the phrase from new coins<\/a>, saying it \u201cdoes positive harm, and is in effect irreverence, which comes dangerously close to sacrilege.\u201d<\/p>\n

In 1956, amid the Cold War, \u201cIn God we Trust<\/a>\u201d became the national motto. The phrase first appeared on paper money the next year. It was a time of significant fear about communism and the Soviet Union, and atheism was viewed as part of the \u201ccommunist threat.\u201d Atheists were\u00a0subject to persecution<\/a>\u00a0during the\u00a0Red Scare<\/a>\u00a0and afterward.<\/p>\n

Since then, the motto has stuck. Over the years,\u00a0legal challenges<\/a>\u00a0attempting to remove the phrase from money have failed. Courts have generally understood the term as a form of\u00a0ceremonial deism or civic religion<\/a>, meaning religious practices or expressions that are viewed as being merely customary cultural practices.<\/p>\n

The future of the law<\/strong><\/h4>\n

Even after the Kennedy ruling, the Louisiana law may still be unconstitutional because students are a captive audience in the classroom. Therefore, the mandate to hang the national motto in classrooms could be interpreted as a form of religious coercion.<\/p>\n

But because the law requires a display rather than a religious exercise like school prayer, it may not violate what has come to be known as the\u00a0indirect coercion test<\/a>. This test prevents the government from conducting a formal religious exercise that places strong social or peer pressure on students to participate.<\/p>\n

The outcome of any constitutional challenge to the Louisiana law is far from clear. Prior cases involving the Pledge of Allegiance offer one example. Though the Supreme Court dismissed on standing grounds the\u00a0only establishment clause challenge to the pledge<\/a>\u00a0it has considered, lower courts have held that reciting the pledge in schools is constitutional for a variety of reasons.<\/p>\n

These reasons include the idea that it is a form of\u00a0ceremonial deism<\/a>\u00a0and the fact that since 1943 students have been\u00a0exempt from having to say the pledge<\/a>\u00a0if it violates their faith to do so.<\/p>\n

The Louisiana law, however, requires instruction about the national motto.<\/p>\n

If the law is challenged in court and upheld, teachers could teach that the motto was adopted when the nation was emerging from\u00a0McCarthyism<\/a>\u00a0and fear of communism was widespread. Moreover, they could teach that many people of faith throughout U.S. history would have viewed this sort of display as against U.S. ideals.<\/p>\n

Division is likely<\/strong><\/h4>\n

More than two centuries before Roosevelt argued that it was sacrilegious to put \u201cIn God We Trust\u201d on coins, the Puritan minister and Colonist Roger Williams famously proclaimed that \u201cforced worship stinks in God\u2019s nostrils<\/a>.\u201d Williams founded the colony of Rhode Island, at least in part, to promote religious freedom.<\/p>\n

Additionally, there is no prohibition on alternative designs for the national motto posters as long as the motto is \u201cthe central focus of the poster.\u201d In Texas, a parent donated rainbow-colored \u201cIn God We Trust\u201d signs and others written in Arabic, which were subsequently\u00a0rejected by a local school board<\/a>. This situation, which gained significant media attention, brought the exclusionary impact of these laws\u00a0into public view<\/a>.<\/p>\n

It could be argued that accepting wall hangings that favor Christocentric viewpoints \u2013 and rejecting those that reflect other religions or add symbols such as the rainbow \u2013 is\u00a0religious discrimination by government<\/a>. If so, schools might be required to post alternative motto designs that meet the letter of the new law in order to uphold free speech rights and prevent religious discrimination.<\/p>\n

The Louisiana law would have been brazenly unconstitutional just two years ago. But after the Kennedy decision, the law may survive a potential legal challenge. Even if it does, one thing is for certain: It will be divisive.<\/p>\n

Author Bio:<\/strong> Frank S. Ravitch is Professor of Law & Walter H. Stowers Chair of Law and Religion at Michigan State University<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

When Louisiana passed a law in August 2023 requiring public schools to post \u201cIn God We Trust\u201d in every classroom \u2013 from elementary school to college \u2013\u00a0the author of the bill claimed\u00a0to be following a long-held tradition of displaying the\u00a0national motto, most notably on U.S. currency. But even under recent Supreme Court precedents, the Louisiana […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[434349],"tags":[434689],"coauthors":[11733],"class_list":["post-70459","post","type-post","status-publish","format-standard","hentry","category-religion","tag-in-god-we-trust"],"acf":[],"yoast_head":"\nLouisiana\u2019s \u2018In God We Trust\u2019 law tests limits of religion in public schools - World leading higher education information and services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/world.edu\/louisianas-in-god-we-trust-law-tests-limits-of-religion-in-public-schools\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"Louisiana\u2019s \u2018In God We Trust\u2019 law tests limits of religion in public schools - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"When Louisiana passed a law in August 2023 requiring public schools to post \u201cIn God We Trust\u201d in every classroom \u2013 from elementary school to college \u2013\u00a0the author of the bill claimed\u00a0to be following a long-held tradition of displaying the\u00a0national motto, most notably on U.S. currency. 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