The Louisiana Ten Commandments Law: A Battle Over Church and State
Latest Developments
On November 12, 2024, a federal district court issued a significant ruling that has reverberated across the nation, particularly in the realm of church-state relations. Judge John W. deGravelles of the U.S. District Court for the Middle District of Louisiana handed down a preliminary injunction against Louisiana's H.B. 71, a law that mandated the display of the Ten Commandments in every public school classroom. This decision has ignited a fierce debate over the separation of church and state, a principle fundamental to American democracy.
Political Context and Background
The Louisiana law, enacted in June 2024 and signed into law by Governor Jeff Landry, was designed to require each public school governing authority to display the Ten Commandments in every classroom by January 1, 2025. The specified version of the Ten Commandments was to be taken from the Protestant King James Bible, and the display was to include a statement indicating that the Ten Commandments were a prominent part of American public education for almost three centuries[1][3].
This law is eerily reminiscent of a 1980 Supreme Court case, Stone v. Graham, where a similar Kentucky law requiring the display of the Ten Commandments in public school classrooms was deemed unconstitutional. The Supreme Court held that such displays had no secular legislative purpose and were plainly religious in nature, thus violating the Establishment Clause of the First Amendment[1][3].
Key Stakeholder Positions
Plaintiffs and Civil Liberties Organizations
A coalition of families, represented by the American Civil Liberties Union (ACLU), the ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom from Religion Foundation, filed a lawsuit to block the implementation of H.B. 71. These plaintiffs argue that the law unconstitutionally pressures students into religious observance and veneration of a specific version of the Ten Commandments, which may not align with their own faiths or beliefs. Darcy Roake, an ordained Unitarian Universalist minister, and other plaintiffs are at the forefront of this challenge, emphasizing the critical importance of maintaining the separation of church and state[1][3].
State Officials and Proponents
Governor Jeff Landry and other state officials have been vocal in their support for the law, arguing that the Ten Commandments have significant historical and moral value. Landry has stated that respecting the rule of law begins with the "original lawgiver, which was Moses." This stance is echoed by other supporters who see the Ten Commandments as a foundational element of American moral fabric. Former President Donald Trump also expressed his support for the law on his social media platform, Truth Social, further polarizing the debate[3].
Policy Implications
Constitutional Violations
The federal district court's preliminary injunction was based on the finding that H.B. 71 violates the First Amendment's Establishment and Free Exercise Clauses. Judge deGravelles meticulously outlined that the law is sectarian, discriminatory, and coercive, and thus unconstitutional. The court prohibited the enforcement of H.B. 71, the adoption of rules for its enforcement, and the requirement to post the Ten Commandments in every public school classroom. Additionally, the state was directed to notify all public schools and post-secondary institutions of the law's unconstitutionality[1][3].
Implementation Halt
The court's decision effectively halts the implementation of the law, preventing the mandatory display of the Ten Commandments in classrooms. This ruling aligns with the Stone v. Graham precedent, which the court recognized as still binding. Judge deGravelles noted that neither the Louisiana law nor the Kentucky law in Stone v. Graham integrated the Ten Commandments into the school curriculum in a way that would be constitutionally permissible. This integration is crucial because it differentiates between a permissible historical or educational context and a coercive religious display[1][3].
Parental Rights
Critics of the law argue that it interferes with parents' rights to control their children's religious upbringing, a principle protected by the First Amendment. The court cited the decision in Wisconsin v. Yoder, which permitted the Amish to educate their children in accordance with their religious beliefs, to support the argument that the mandated displays would infringe on parental rights. This aspect highlights the delicate balance between state education policies and parental autonomy in religious matters[1].
Public Reaction and Polling
Public Support
Historically, there has been broad public support for displaying the Ten Commandments on public property, although this support varies significantly across different religious groups. The current law has sparked significant controversy and division, with critics seeing it as an attempt to impose conservative Christian beliefs on public institutions, while supporters view it as a way to promote moral values. Public opinion polls reflect this divide, with some surveys indicating that a majority of Americans support the display of the Ten Commandments in public spaces, but with a notable decrease in support when the context is specifically public schools[3].
Controversy and Division
The debate surrounding the law reflects deeper societal divisions over the role of religion in public life. Civil liberties organizations and some religious groups argue that the law crosses the line between church and state, while proponents see it as a necessary measure to instill moral values in students. This controversy is likely to continue as the case moves through the appeals process, with each side mobilizing public support and advocating for their interpretation of the First Amendment[1][3].
Historical and Legal Precedents
The Stone v. Graham case is pivotal in understanding the current legal landscape. In this 1980 decision, the Supreme Court ruled that a Kentucky statute requiring the posting of the Ten Commandments in public classrooms violated the Establishment Clause because it lacked a secular legislative purpose. This precedent has been consistently cited in subsequent cases, including the current challenge to H.B. 71[1][3]. More recent Supreme Court decisions, such as Van Orden v. Perry and McCreary County v. American Civil Liberties Union, have further clarified the boundaries of religious displays in public spaces. In Van Orden v. Perry, the court ruled that a display of the Ten Commandments at the Texas State Capitol was constitutional because it was part of a larger historical display. However, in McCreary County v. American Civil Liberties Union, the court held that displaying the Ten Commandments in courthouses and public schools was unconstitutional because it had the intent of promoting religion[3].
Expert Testimony and Historical Context
Judge deGravelles' ruling also relied on expert testimony that highlighted the lack of historical support for permanently displaying the Ten Commandments in public-school classrooms. Dr. Steven K. Green, an expert witness for the plaintiffs, testified that public schooling was nonexistent at the time of the founding and drafting of the Constitution, and there was no evidence of widespread use of the Ten Commandments in public education in subsequent years. This historical context is crucial in determining whether the display of the Ten Commandments fits within a broader tradition consistent with the Founding Fathers' understanding of the separation of church and state[1][4].
Future Political Scenarios
Appeal and Potential Supreme Court Review
The state defendants have indicated they will appeal the preliminary injunction to the U.S. Court of Appeals for the Fifth Circuit. Oral arguments for this appeal are scheduled for January 23, 2025, marking a critical phase in the legal battle. If the appeal is unsuccessful, the case could potentially reach the Supreme Court, testing the boundaries of the 2022 Supreme Court decision in Kennedy v. Bremerton School District. This decision introduced a new test for Establishment Clause cases, focusing on historical practices and understandings related to the Founding Fathers. A Supreme Court review could lead to a significant ruling that clarifies or redefines the limits of religious displays in public schools[1][3][4].
Legislative Reactions
Depending on the outcome of the legal challenges, the Louisiana legislature may reconsider or amend the law to address constitutional concerns. Alternatively, other states might be deterred from enacting similar laws given the legal precedent and ongoing challenges. The legislative response will be crucial in determining whether such laws can be crafted in a way that respects both religious freedom and the separation of church and state. For instance, Texas lawmakers have already re-filed a similar bill about the Ten Commandments for their next legislative session, indicating that this issue is far from resolved[4].
Public and Political Backlash
The controversy surrounding H.B. 71 could lead to increased public debate and political backlash, potentially influencing future elections and policy decisions at both the state and federal levels. Civil liberties and faith-based organizations are likely to continue advocating for the separation of church and state, while proponents of the law may mobilize support from conservative and religious groups. This ongoing debate highlights the enduring tension between religious expression and the constitutional mandate for the separation of church and state[1][3].
International Relations Impact
While the controversy surrounding Louisiana's Ten Commandments law is primarily a domestic issue, it reflects broader debates about the role of religion in public life that can be observed in various countries. The way this issue is resolved could provide insights into how other nations navigate similar challenges, particularly in countries with diverse religious populations and constitutional protections for religious freedom.
Conclusion
The Louisiana Ten Commandments law represents a pivotal moment in the ongoing struggle to define the boundaries between church and state in the United States. As the case proceeds through the legal system, it will continue to shape public discourse and policy decisions, reflecting the complex and often contentious nature of religious freedom in American society. The outcome of this legal battle will have far-reaching implications, not only for the state of Louisiana but also for the broader national conversation about the role of religion in public education and the interpretation of the First Amendment.
