Louisiana officials face uphill battle to defend Ten Commandments law

Originally published by The Center Square
January 9, 2025
By Nolan McKendry

(The Center Square) — The state of Louisiana is having trouble attributing the motivations of the Ten Commandments law to historical significance, pushing aside any educational significance it is meant to have.

Much of Attorney General Liz Murril’s argument relies on the Ten Commandments being historically and educationally significant. Gov. Jeff Landry and the laws authors have made that assertion quite difficult.

In an email to fundraisers, Landry asked supporters to help “not only defend – but ADVANCE – the Judeo-Christian values this nation was built upon,” as reported by the Times-Picayune.

“Evidence suggesting that the driving factor behind HB 71 was, in  fact, to impose majoritarian religious values, makes it all the more offensive to our nation’s Founding values,” U.S. Judge John deGravelles, who was appointed by former President Barack Obama, said in his ruling that temporarily halted the display of the Ten Commandments.

DeGravelles cited in his ruling numerous instances where Landry imputes a motivation more religious than historical or educational.

The authors of the law are having similar trouble.

Rep. Dodie Horton, R-Bossier, the primary author and sponsor of House Bill 71, explained during the House Education Committee’s debate that “[I]t is so important that our children learn what God says is right and what He says is wrong, and to allow [the Ten Commandments] to be displayed in our classrooms as a visual aid, I believe, especially in this day and time is so important.”

Rep. Sylvia Taylor, Horton’s co-author, echoed those sentiments.

“I really believe that we are lacking in direction. A lot of people, their children, are not attending churches. . . We need to do something in the schools to bring people back to where they need to be.”

Rep. Roger Wilder, a co-author and supporter of HB 71, defended the legislation by framing opposition as an “attack on Christianity.” Wilder argued that the law would introduce a religious perspective to balance what he views as a predominantly secular curriculum in public schools.

“My wife is a Christian, and if she were a teacher, she would be required to teach evolution, which completely contradicts the biblical creation story we believe in,” Wilder said, according to deGravelles ruling. “As a parent, I am advocating for this [bill].”

Dozens of faith-based organizations have filed briefs in opposition to Louisiana’s Ten Commandments law.

The National Council of Jewish Women, Hindus for Human Rights, Interfaith Alliance and 17 other organizations and individuals have filed supporting briefs with the 5th Circuit U.S. Court of Appeals opposing Louisiana’s law requiring public school classrooms to display the Ten Commandments.

HB 71 mandates that a framed or poster version of the Ten Commandments be permanently displayed in every classroom. Critics argue that the law infringes on the First Amendment by promoting religious favoritism.

“Requiring religious teaching in public school classrooms is a direct violation of the First Amendment,” said Darcy Hirsh, NCJW’s Director of Government Relations and Advocacy. “Separation of religion and state is a founding principle of American democracy, ensuring that religious freedom be used as a shield to protect religious minorities, not a sword to impose beliefs on others.”

The brief underscores the diverse interpretations of the Ten Commandments across religious traditions and highlights the law’s preference for the King James Version, commonly associated with Protestant Christianity.

This, according to the brief, forces the state to choose sides in theological debates, thereby alienating Jewish, Catholic, and other faith communities as well as non-believers.

The brief goes on to warn of the dangers of governmental entanglement in religious matters.

The NCJW and its co-signers argue that HB 71’s implementation is untethered from educational purposes, requiring displays that lack context within any history or civics curriculum. This, they contend, undermines claims of the law’s secular purpose.

The law’s rollout has faced logistical hurdles. Schools must rely on private donations to cover the costs of the posters. However, reports from local outlet WAFB indicate that at least three school districts have yet to secure sufficient funding, despite the law’s requirement that displays be in place this week.

“It’s not about who pays for it,” Darcy Hirsh, NCJW’s Director of Government Relations and Advocacy, told The Center Square. “The fact that the law requires the Ten Commandments be displayed in every public school classroom makes it coercive, imposing someone else’s religion on families and undermining their right to lead their own children’s religious education.”

Horton, remains undeterred, working to secure donations statewide. Horton argues the displays serve to honor the historical influence of the Ten Commandments on American legal traditions.

“After we get a ruling from the panel, there’s a possibility that one or the other side would ask the court to go en banc,” Murrill told WAFB. “If they don’t do that, the next step would be the Supreme Court.”

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