From Courts to the Classroom
I remember my shock in 2017 when someone intentionally drove into the Ten Commandments monument in front of the Arkansas state capitol, destroying it the day after it was installed. This sacred biblical text has been attacked both physically and legally, resulting in its removal from capitol buildings, courthouses, and schools.
Many of those attacks were based upon the “Lemon test,” established by the Supreme Court case Lemon v. Kurtzman in 1971. The three-prong test, applied to determine violations of the First Amendment establishment clause, has been used to eradicate religious expression from the public square for more than 50 years.*
A new day in court
But in the 2022 case Kennedy v. Bremerton School District, the Supreme Court ruled in favor of Coach Joe Kennedy’s right to pray on school grounds after football games. This landmark decision laid the groundwork for a new era of religious liberty, including school-related legislation.
First Liberty Institute provided legal representation for Coach Kennedy and gave an explanation on their website about how the ruling influences other religious liberties cases: “In Kennedy v. Bremerton School District, the Court eliminated the Lemon test, a legal precedent that stifled religious freedom for decades. With that precedent now gone, other cases grounded in Lemon’s framework are no longer controlling, such asStone v. Graham, a 5-4 decision that banished Ten Commandments from schools.”
Since the Kennedy ruling, Arkansas, Louisiana, and Texas all have passed legislation requiring school districts to post the Ten Commandments in school classrooms. The new test, under the establishment clause, requires a statute to be consistent with tradition and history in order to be considered constitutional. American children studied the Ten Commandments in the New England Primer for 150 years, and this cornerstone of Hebrew law is widely considered to be foundational to the U.S. Constitution and influential for religions worldwide.
Many supporting the movement to post the Ten Commandments in schools hope to restore a long-standing American tradition of exposing students to the high moral standards and historical roots of the ancient law, recorded in Exodus 20. But opponents say that posting these scriptures in schools imposes the Judeo-Christian religion upon students and teachers representing other religions and nonreligious beliefs.
Differences of opinion
As you probably can guess, even some Christian lawmakers hold differing views about returning the Ten Commandments to school classrooms. After legislation passed in support of posting the sacred text in Arkansas schools, the Arkansas Times reported on two House Republicans who voted against the bill.
One of them was Rep. Steve Unger (R-Springdale), “a former military chaplain who described himself as an evangelical Christian.” According to the Times, Unger spoke on the House floor and “delivered what felt like a sermon at times, criticizing the bill as a hollow display of what he called ‘cultural Christianity.’”
Texas Lt. Gov. Dan Patrick, also an outspoken Christian, lauded his state senate’s vote in favor of similar legislation. “By placing the Ten Commandments in our public school classrooms, we ensure our students receive the same foundational moral compass as our state and country’s forefathers.”
From the courts to the classrooms
But even a monumental decision from the Supreme Court and tenacious follow-up from lawmakers does not mean posters of the Ten Commandments will proliferate classrooms overnight. Lower-level courts and other advocacy groups work hard to keep any expression of religion, even in historical context, from reaching public schoolchildren. Educators, students, and parents who support this kind of change must first be aware of their newfound religious rights and then be willing to exercise them.
So in the end, it’s still up to Americans like you and me to pursue the changes we want and prevent the ones we don’t want. I encourage you to research the effects of Kennedy v. Bremerton School District in your own community, pray about them with your church family, and – by all means – find out what your candidates believe about these matters as you prepare to vote!
*From the First Liberty Institute website: “Since 1971 – for almost half a century – courts have used the “Lemon,” or “endorsement” test, to determine whether the government has endorsed or established a religion by allowing public displays that may have some religious imagery. ... Why exactly is this test so bad? For one, it leaves it up to a so-called “reasonable observer” to decide if the state is endorsing a religion. And almost routinely, this “reasonable observer” is offended by anything religious that shows up on public property. In short, the Lemon test essentially gives the upper hand to feelings, rather than solid legal argument."