{"id":74873,"date":"2024-11-15T00:01:26","date_gmt":"2024-11-15T05:01:26","guid":{"rendered":"https:\/\/world.edu\/?p=74873"},"modified":"2024-11-15T00:01:26","modified_gmt":"2024-11-15T05:01:26","slug":"federal-judge-rules-that-louisiana-shalt-not-require-public-schools-to-post-the-ten-commandments","status":"publish","type":"post","link":"https:\/\/world.edu\/federal-judge-rules-that-louisiana-shalt-not-require-public-schools-to-post-the-ten-commandments\/","title":{"rendered":"Federal judge rules that Louisiana shalt not require public schools to post the Ten Commandments"},"content":{"rendered":"

\"\"<\/p>\n

Do the Ten Commandments have a valid place in U.S. classrooms? Louisiana\u2019s Legislature and governor insist the answer is \u201cyes.\u201d But on Nov. 12, 2024, a federal judge said \u201cno.\u201d<\/p>\n

U.S. District Judge John W. deGravelles\u00a0blocked<\/a>\u00a0the state\u2019s controversial\u00a0House Bill 71<\/a>, which Gov. Jeff Landry had signed\u00a0into law<\/a>\u00a0on June 19, 2024. The measure would have required all schools that receive public funding to post a specific version of the commandments,\u00a0similar to the King James translation of the Bible<\/a>\u00a0used in many, but not all, Protestant churches. It is not the same version used by Catholics or Jews.<\/p>\n

Officials were also supposed to post a context statement highlighting the role of the Ten Commandments in American history and could display\u00a0the Pilgrims\u2019 Mayflower Compact<\/a>, the Declaration of Independence and\u00a0the Northwest Ordinance of 1787<\/a>, a federal enactment to settle the frontier \u2013 and the earliest congressional document encouraging the creation of schools.<\/p>\n

The law\u2019s defenders argued that its purpose was not only religious,\u00a0but historical<\/a>. Judge deGravelles, though, firmly rejected that argument,\u00a0striking down HB 71<\/a>\u00a0as \u201cunconstitutional on its face and in all applications.\u201d The law had an \u201covertly religious\u201d purpose, he wrote, in violation of\u00a0the First Amendment<\/a>, according to which \u201cCongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.\u201d<\/p>\n

Regardless of the Ten Commandments\u2019 impact on civil law, there was a clear religious intent behind Louisiana\u2019s law. During\u00a0debate over its passage<\/a>, for example, the bill\u2019s author, state Rep. Dodie Horton said, \u201cI\u2019m not concerned with an atheist. I\u2019m not concerned with a Muslim. I\u2019m concerned with our children looking and seeing what God\u2019s law is.\u201d<\/p>\n

Louisiana Attorney General Liz Murrill has said she\u00a0intends to appeal<\/a>\u00a0the judge\u2019s ruling.<\/p>\n

As someone who\u00a0teaches and researches law around religion and education<\/a>, with an eye toward defending religious freedom, I believe this is an important test case at a time when the Supreme Court\u2019s thinking on religion and public education is becoming more religion-friendly \u2013 perhaps the most it has ever been.<\/p>\n

How SCOTUS has ruled before<\/strong><\/h4>\n

Litigation over the Ten Commandments is not new. More than 40 years ago, in\u00a0Stone v. Graham<\/a>, the Supreme Court rejected a Kentucky statute that mandated displays of the Ten Commandments in classrooms.<\/p>\n

The court reasoned that the underlying law violated\u00a0the First Amendment\u2019s establishment clause<\/a>\u00a0\u2013 \u201cCongress shall make no law respecting an establishment of religion\u201d \u2013 because the mandate lacked a secular purpose.<\/p>\n

The justices were not persuaded by a small notation on posters that described the Ten Commandments as the \u201cfundamental legal code of Western Civilization and the Common Law of the United States.\u201d<\/p>\n

Twenty-five years later, the Supreme Court again took up cases challenging public displays of the Ten Commandments, although not in schools. This time, the justices reached mixed results.<\/p>\n

The first arose in Kentucky where officials had erected a county courthouse display of texts including the Ten Commandments, the Magna Carta, the Declaration of Independence and a biblical citation. In a 2005 ruling in\u00a0McCreary County, Kentucky v. American Civil Liberties Union of Kentucky<\/a>\u00a0the five-member majority agreed that the display of the Ten Commandments violated the establishment clause, largely because it lacked a secular legislative purpose.<\/p>\n

On the same day, though, the Supreme Court reached the opposite result in\u00a0Van Orden v. Perry<\/a>, a case from Texas. The court upheld the constitutionality of a display of the Ten Commandments on the grounds of the state capitol as one of 17 monuments and 21 historical markers commemorating Texas\u2019 history.<\/p>\n

Unlike the fairly new display in Kentucky, the one in Texas, which had existed since the early 1960s, was erected using private funds. The court permitted the Ten Commandments to remain because, despite their religious significance, the Texas monument was a more passive display, not posted on the courthouse door.<\/p>\n

Louisiana\u2019s law<\/strong><\/h4>\n

Louisiana\u2019s law<\/a>\u00a0would have required public school officials to display framed copies of the Ten Commandments in all public school classrooms. Posters were supposed to be at least 11-by-14 inches and printed with a large, easily readable font. The legislation would have allowed, but did not require, officials to use state funds to purchase these posters. Displays could also be received as donations or purchased with gifted funds.<\/p>\n

The bill\u2019s author, Horton, previously sponsored Louisiana\u2019s law\u00a0mandating that \u201cIn God We Trust\u201d be posted<\/a>\u00a0in public school classrooms.<\/p>\n

In defending the Ten Commandments proposal, Horton said it\u00a0honors the country\u2019s origins<\/a>.<\/p>\n

\u201cThe Ten Commandments are the basis of all laws in Louisiana,\u201d she\u00a0told fellow lawmakers<\/a>, \u201cand given all the junk our children are exposed to in classrooms today, it\u2019s imperative that we put the Ten Commandments back in a prominent position.\u201d<\/p>\n

Justifying the bill, Horton pointed to\u00a0Kennedy v. Bremerton School District<\/a>, a 2022 Supreme Court decision. Here, the justices held that educational officials\u00a0could not prevent a football coach from praying on the field<\/a>\u00a0at the end of games because he engaged in personal religious observance protected by the First Amendment.<\/p>\n

\u201cThe landscape has changed,\u201d\u00a0she said<\/a>.<\/p>\n

New frontier<\/strong><\/h4>\n

Indeed it has.<\/p>\n

For decades, the Supreme Court used a three-part measure called\u00a0the Lemon v. Kurtzman test<\/a>\u00a0to assess whether a government action violated the establishment clause. Under this test, when a government action or policy intersects with religion, it had to meet three criteria. A policy had to have a secular legislative purpose; its principal or primary effect could neither advance nor inhibit religion; and it could not result in excessive entanglement between state and religious officials.<\/p>\n

Another test the Supreme Court sometimes applied, stemming from\u00a0Lynch v. Donnelly<\/a>\u00a0in 1984, invalidated governmental actions appearing to endorse religion.<\/p>\n

The majority of the current court, though, abandoned both the Lemon and endorsement tests in Kennedy v. Bremerton. Writing for the court, Justice Neil Gorsuch ruled that \u201cthe Establishment Clause must be interpreted\u00a0by \u2018reference to historical practices and understandings<\/a>.\u2019\u201d He added that the court \u201clong ago abandoned Lemon and its endorsement test offshoot.\u201d<\/p>\n

What that new historical practices and understandings standard means remains to be seen.<\/p>\n

More than 80 years ago, in\u00a0West Virginia State Board of Education v. Barnette<\/a>\u00a0the Supreme Court decided in a 6-3 opinion that students cannot be compelled to salute the American flag, which includes reciting the words \u201cunder God\u201d in the Pledge of Allegiance, if doing so goes against their religious beliefs. While H.B. 71 does not require students to recite the Ten Commandments, they would be constantly exposed to its presence in their classrooms, reducing them to what the judge described as\u00a0a \u201ccaptive audience<\/a>\u201d \u2013 violating their parents\u2019 rights to the free exercise of religion.<\/p>\n

In 1962\u2019s\u00a0Engel v. Vitale<\/a>, the Supreme Court\u2019s first case on prayer in public schools, the majority observed that \u201cthe Founders of our Constitution [recognized] that religion is too personal, too sacred, too holy,\u201d to permit civil authorities to impose particular beliefs. I see no reason to abandon that view.<\/p>\n

Author Bio:<\/strong> Charles J. Russo is the Joseph Panzer Chair in Education and Research Professor of Law at the University of Dayton<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Do the Ten Commandments have a valid place in U.S. classrooms? Louisiana\u2019s Legislature and governor insist the answer is \u201cyes.\u201d But on Nov. 12, 2024, a federal judge said \u201cno.\u201d U.S. District Judge John W. deGravelles\u00a0blocked\u00a0the state\u2019s controversial\u00a0House Bill 71, which Gov. Jeff Landry had signed\u00a0into law\u00a0on June 19, 2024. The measure would have required […]\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":[435157],"coauthors":[11733],"class_list":["post-74873","post","type-post","status-publish","format-standard","hentry","category-religion","tag-ten-commandments"],"acf":[],"yoast_head":"\nFederal judge rules that Louisiana shalt not require public schools to post the Ten Commandments - 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\/federal-judge-rules-that-louisiana-shalt-not-require-public-schools-to-post-the-ten-commandments\/\" 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=\"Federal judge rules that Louisiana shalt not require public schools to post the Ten Commandments - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"Do the Ten Commandments have a valid place in U.S. classrooms? Louisiana\u2019s Legislature and governor insist the answer is \u201cyes.\u201d But on Nov. 12, 2024, a federal judge said \u201cno.\u201d U.S. District Judge John W. deGravelles\u00a0blocked\u00a0the state\u2019s controversial\u00a0House Bill 71, which Gov. Jeff Landry had signed\u00a0into law\u00a0on June 19, 2024. 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