Photo credit: www.educationnext.org
Louisiana’s Ten Commandments Law Sparks Legal Debate
The U.S. Supreme Court’s 2022 ruling in Kennedy v. Bremerton marked a significant shift in the interpretation of the Establishment Clause, effectively discarding the previously utilized Lemon Test. This three-part framework had mandated that government actions must serve a secular purpose, avoid primarily advancing or inhibiting religion, and prevent excessive entanglement with religious practices. In the Bremerton decision, the Court indicated that future evaluations of the Establishment Clause should reference “historical practices and understandings,” although the specifics of this new “history and tradition” standard remain unclear. A recent development in Louisiana, where a law mandating the display of the Ten Commandments in publicly funded schools has been enacted, could lead to crucial judicial interpretations of this emerging standard.
In June 2024, Louisiana’s legislature passed a law requiring all K-12 public and charter schools, as well as state-funded universities, to exhibit a poster of the Ten Commandments prominently in classrooms. To ensure compliance with the law, each display must measure a minimum of 11 by 14 inches and feature the Ten Commandments in a large, easily readable typeface.
The New York Times, a prominent voice in establishment opinion, reports concerns that this law may signal a troubling trend towards theocracy in the United States. Since Governor Jeff Landry signed the legislation, there has been a surge of articles and opinion pieces in the newspaper that largely regard the law as unconstitutional. Columnist Pamela Paul characterized it as a clear effort to “formalize precepts of Christian nationalism,” while another writer, Charles Blow, argued that Louisiana’s recent legislative actions threaten freedoms and veer towards an alignment with Christian nationalist sentiments. Some commentators suggest that starting with the display of the Ten Commandments could lead to further entrenchment of religious practices in public life.
Supporters of the law, however, offer a contrasting viewpoint, emphasizing its role in reaffirming the historical significance of the Ten Commandments in American education. They argue that several provisions within the law are designed to withstand potential legal scrutiny. Governor Landry expressed a readiness for legal challenges, stating he “can’t wait to be sued.” The statute references the same Ten Commandments version approved in the Supreme Court’s Van Orden v. Perry ruling in 2005, ensuring that the displays are funded exclusively by donations rather than taxpayer dollars. Furthermore, the law stipulates that each display must include a “context statement” detailing the Ten Commandments’ historical relevance in education, framing them more as a pedagogical tool than a religious one. This statement points to their usage in historically significant educational texts, such as the New England Primer from 1688, the McGuffey Readers from the early 1800s, and Noah Webster’s The American Spelling Book. Additionally, the law permits the inclusion of other historical documents such as the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance.
In response to the new legislation, various organizations and individuals quickly mobilized to challenge its constitutionality. Just five days after its passage, the American Civil Liberties Union, Americans United for Separation of Church and State, and the Freedom From Religion Foundation initiated legal proceedings in Roake v. Brumley. They represent a coalition of plaintiffs, including Unitarian, Christian, Jewish, and atheist families, many of whom have school-age children.
Source
www.educationnext.org