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Keywords

Jeff Landry, Louisiana, Dan Patrick, Texas, Ten Commandments, display, public education, separation between church and state, church and state, Establishment Clause, First Amendment

Abstract

On June 19, 2024, Louisiana Governor Jeff Landry signed legislation mandating the display of the Ten Commandments in all public K-12 schools and colleges in the state. On June 21, 2024, Texas Lieutenant Governor Dan Patrick announced his intention to introduce a similar bill in the next legislative session that would require the display of the Ten Commandments in schools. Immediately after the Louisiana law’s enactment, a group of local parents with the help of multiple organizations filed a federal lawsuit seeking to block its implementation. As of today, the district court and appellate court have issued differing rulings. The district court said the law had an “overtly religious purpose, but “[t]he Fifth Circuit Court of Appeals decision at least temporarily overturns [the] lower court order blocking the law from taking effect Jan. 1, 2025.” Whether the Supreme Court will accept this case and what ruling it will make could become a hot topic and influence the discussion in the next stage.

The Supreme Court’s rulings on the display of the Ten Commandments in public spaces have been ambiguous because different standards of review have been applied, further fueling the debate and divisions within society regarding this issue. The Court’s stance has exacerbated the conflict, making it a part of the broader cultural clash in America. These controversies raise a fundamental yet highly contentious question: on which side of the “wall of separation between church and State” should the Ten Commandments be displayed? However, the Supreme Court recently has proposed in a school prayer case—although not a case involving the Ten Commandments in public spaces—that the Establishment Clause of the First Amendment “must be interpreted by ‘reference to historical practices and understandings.’” The line between permissible and impermissible has to “accord with history and faithfully reflect the understanding of the Founding Fathers.” If this becomes a new standard, it could reshape the jurisprudence surrounding cases about the Ten Commandments in public spaces. This Article analyzes the evolution of the Supreme Court’s standards of review in such cases and, by drawing on the historical practices and understanding of the First Amendment, argues that laws like those in Louisiana and Texas requiring the display of the Ten Commandments in public school classrooms will likely—and should—be upheld if the Supreme Court continues to apply this new standard.

This Article proceeds in five steps. Part I describes an overview of the Supreme Court’s rulings in Ten Commandments cases involving public spaces. Part II analyzes the evolution of the Court’s standards of review in such cases, examining the emergence of the new standard and its potential implications. Based on this new standard—historical practices and understandings—Part III explores the historical understandings and practices, specifically the original meaning of the Establishment Clause, and reviews historical practices, focusing on the display of the Ten Commandments in public spaces throughout history. Part IV discusses the unique role of the Ten Commandments in American history, culture, and the rule of law, proposing three distinct uses of the Ten Commandments. This section clarifies the different meanings associated with their public display and refutes the misconception that the Ten Commandments are solely linked to the Bible. The last part presents the Article’s conclusion.

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