There is a new law in the benighted state of Louisiana requiring the display of the Ten Commandments in all public school classrooms, including colleges. It is an arrant violation of the First Amendment—indeed, it was intended to test whether it comports with the First Amendment—and it is motivated by religion. The fact that the law is admittedly religious in origin and nature is pathetically masked by saying that the Commandments are really an important part of American history, and that three other secular documents like the Declaration of Independence may also be displayed alongside Moses’s Laws.
Click below to read, or find it archived here:
The NYT article above has a brief summary of the law and the motivations of its promoters, which I’ve excerpted below.
Gov. Jeff Landry signed legislation on Wednesday requiring the display of the Ten Commandments in every public classroom in Louisiana, making the state the only one with such a mandate and reigniting the debate over how porous the boundary between church and state should be.
Critics, including the American Civil Liberties Union and the Freedom From Religion Foundation, vowed a legal fight against the law they deemed “blatantly unconstitutional.” But it is a battle that proponents are prepared, and in many ways, eager, to take on.
“I can’t wait to be sued,” Mr. Landry said on Saturday at a Republican fund-raiser in Nashville, according to The Tennessean. And on Wednesday, as he signed the measure, he argued that the Ten Commandments contained valuable lessons for students.
“If you want to respect the rule of law,” he said, “you’ve got to start from the original law giver, which was Moses.”
The legislation is part of a broader campaign by conservative Christian groups to amplify public expressions of faith, and provoke lawsuits that could reach the Supreme Court, where they expect a friendlier reception than in years past. That presumption is rooted in recent rulings, particularly one in 2022 in which the court sided with a high school football coach who argued that he had a constitutional right to pray at the 50-yard line after his team’s games.
. . .The measure in Louisiana requires that the commandments be displayed in each classroom of every public elementary, middle and high school, as well as public college classrooms. The posters must be no smaller than 11 by 14 inches and the commandments must be “the central focus of the poster” and “in a large, easily readable font.”
It will also include a three-paragraph statement asserting that the Ten Commandments were a “prominent part of American public education for almost three centuries.”
That reflects the contention by supporters that the Ten Commandments are not purely a religious text but also a historical document, arguing that the instructions handed down by God to Moses in the Book of Exodus are a major influence on United States law.
I’ve put the bill that became law below, and there’s a lot to unpack in it. But read for yourself; I’ll simply single out the highlights.
Click to read:
The bill begins with a long rationale trying to show that the Ten Commandments are an important part of American history, and therefore should be displayed because it’s not really promoting religion, but recounting our history. After all, some of the Founders mentioned God! But doesn’t explain why, say, the Constitution or Declaration of Independence are NOT required to be displayed. No, the Ten Commandments is the only historical document required to be displayed; other documents are optional. Here’s some of the rationale for making that display mandatory—the “historical context” argument that Christians use to push religion into schools (and put “In God We Trust” on our money):
Recognizing the historical role of the Ten Commandments accords with our nation’s history and faithfully reflects the understanding of the founders of our 9 nation with respect to the necessity of civic morality to a functional self-government. History records that James Madison, the fourth President of the United States ofAmerica, stated that “(w)e have staked the whole future of our new nation . . . upon the capacity of each of ourselves to govern ourselves according to the moral principles of the Ten Commandments.”
. . . The text of the Ten Commandments set forth in Subsection B of this 17 Section is identical to the text of the Ten Commandments monument that was upheld by the Supreme Court of the United States in Van Orden v. Perry, 545 U.S. 677, 688 19 (2005). Including the Ten Commandments in the education of our children is part of our state and national history, culture, and tradition.
The Mayflower Compact of 1620 was America’s first written constitution and made a Covenant with Almighty God to “form a civil body politic”. This was the first purely American document of self-government and affirmed the link between civil society and God.
The Northwest Ordinance of 1787 provided a method of admitting new states to the Union from the territory as the country expanded to the Pacific. The Ordinance “extended the fundamental principles of civil and religious liberty” to the territories and stated that “(r)eligion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”
. . . .The Supreme Court of the United States acknowledged that the Ten Commandments may be displayed on local government property when a private donation is made for the purchase of the historical monument. Pleasant Grove City, Utah v. Summan, 555 U.S. 460 (2006).
The bill cites other religious statements by the founders, but of course the word “God,” while appearing in the Declaration of Independence, does not appear at all in the Constitution. The Founders barely believed in God, were not very religious at all, and it’s misleading to suggest that this nation was founded on the rules adumbrated in the Ten Commandments. (Or were there Eleven Commandments? See below.)
Note too that the Supreme Court ruled—and this too seems a First Amendment violation—that one could display the Ten Commandments on government property if the money for the display did not come from the public. This, I suppose, is a lame attempt to avoid excessive entanglement of the government and religion vis-à-vis the Lemon Test, and, indeed, this bill requires that the money for the many classroom copies of the Ten Commandments must come from “donations”. That tells you right away that something fishy is going on.
Display of other documents is optional:
A public school may also display the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance, as provided in R.S. 26 25:1282, along with the Ten Commandments.
The Northwest Ordinance? What about the fricking Constitution?
There is another requirement: the Ten Commandments must be displayed along with a “context” statement, to wit:
The History of the Ten Commandments in American Public Education
The Ten Commandments were a prominent part of American public education for almost three centuries. Around the year 1688, The New England Primer became the first published American textbook and was the equivalent of a first grade reader. The New England Primer was used in public schools throughout the United States for more than one hundred fifty years to teach Americans to read and contained more than forty questions about the Ten Commandments
The Ten Commandments were also included in public school textbooks published by educator William McGuffey, a noted university president and professor. A version of his famous McGuffey Readers was written in the early 1800s and became one of the most popular textbooks in the history of American education, selling more than one hundred million copies. Copies of the McGuffey Readers are still available today.
The Ten Commandments also appeared in textbooks published by Noah Webster in which were widely used in American public schools along with America’s first comprehensive dictionary that Webster also published. His textbook, The American Spelling Book, contained the Ten Commandments and sold more than one hundred million copies for use by public school children all across the nation and was still available for use in American public schools in the year 1975.
This is all more striving by the sweating lawmakers to show that, because the Ten Commandments were mentioned in early textbooks, they have become an integral part of American education and thus should remain so today. But since then the courts have tried erect and maintain a “wall of separation between church and state”, a metaphor used by Jefferson, who drew on earlier ideas of Roger Williams.
The enforcement of the Establishment Clause hasn’t been perfect: as I said, we have “In God We Trust” on our money; the Pledge of Allegiance includes the phrase “0ne nation, under God”; and the Supreme court has allowed various First Amendment violations to slip through, including, as the NYT mentions, affirming a “Constitutional right” of a football coach to kneel on school property and publicly say a Christian prayer after football games. Christians, it seems, cannot seem to keep their religion out of public schools. (That is, of course, why we have to eternally battle against creationism, which comes from the fictional narrative of Genesis 1 and 2.
Will this law stand? It’s certainly going to be challenged by the ACLU and FFRF, and I’ve no doubt that these and other groups will take the law all the way to the Supreme Court. What happens then? The answer is murky. The court has allowed public prayer after public-school games, and a display of the Ten Commandments on public property if it’s funded privately. The latter ruling may provide a precedent to uphold this law as well.
And we all know that the court is largely religious: 7 of the 9 justices are Catholic (I’m counting Gorsuch, who is “Anglican Catholic”), Jackson is a Protestant, and Kagan is the lone Jew. It’s not hard to imagine that most of the Supremes will be sympathetic to this law. And then. . . I’m worried about the resurgence of creationism.
By the way, as Steve Orzack pointed out, somehow the bill lists not ten but eleven commandments, to wit:
I count ELEVEN, right? The authors of the bill have some revision to do!




















