
<p>Louisiana recently passed a law that “requires” that the Ten Commandments be posted in the classrooms of every public school in the state – from grade schools to colleges and universities.</p>



<p>Personally, I have no problem with schools displaying the Ten Commandments &#8212; and using it as a part of history education. America’s laws and judicial structure are largely based on the Judeo-Christian moral tradition – and the Ten Commandments are foundational. Without understanding that, you cannot understand the historical development of the American legal system or the work of the Founders. It is the reason that I defend the display of various religious symbols on public property during festive occasions – or football teams to engage in voluntary prayer.</p>



<p>So, what about the Louisiana law? I am guessing that the federal courts will strike it down – as they should.</p>



<p>As they should? ; Yes! ; I think it is a bad law – and unconstitutional.</p>



<p>It is the difference between “allow” and “compel.” ; Teachers and school administrators should be ALLOWED to use the Ten Commandments as a teaching aid. ; Religious celebratory symbols should be ALLOWED on public property. ; Since religious expression is a basic constitutional right, it should not be infringed.</p>



<p>What the Louisiana legislature did was to COMPEL a specific religious (Christian) text on the diverse population– essentially making it a state religion. I see that as a violation of the Constitution’s protection of all religious expression. ; To me, it is so obvious that I cannot imagine the law surviving a federal court challenge – and several suits challenging the Louisiana law have already been filed</p>



<p>That leads to the issue of “separation of church and state.”  ; ;While I believe the Louisiana law violates the Constitution in terms of equal protection for all religious expression, I strongly disagree with the modern interpretation that a theoretical separation of church and state necessitates the removal of religion from all public spaces. ; In my judgment, the Supreme Court went off the constitutional campus on that issue.</p>



<p>There is nothing in the Constitution that contends any such separation. The Constitution states clear protection for the free devotion to “religion” without restriction or bias in the First Amendment of the Bill of Rights. The modern definition of church and state separation is derived not from the Constitution but from an 1802 letter to the Danbury Baptist Association from Thomas Jefferson. It is important to put that in context. Jefferson’s letter was in response to the Baptists’ concern over the establishment of a state religion. Jefferson’s answer was in that context.</p>



<p>Neither the Founders nor Jefferson –nor the 1802 Baptists &#8212; intended to exclude religion from the public commons or cancel it from government events and dialogue – and certainly not banning it from public education. ; We know that from their writings and the fact that they made prayer a regular part of their official business. The Founder’s concern was NOT the expression of various religious affiliations in the public space, but the imposition of a state religion – as was the case in England.</p>



<p>That approach is seen in the President’s oath of office. ; The official version does not include so help me God.” ; Incoming presidents are not COMPELLED to swear on the Bible – or even swear at all. ; They may “affirm.”  ;However, they are ALLOWED to say, “so help me God” and they are ALLOWED to use a Bible in the official ceremony.</p>



<p>While the Founders did not push religion, they clearly intended it to be ALLOWED even by the government. It was not considered a violation of any church/state separation when Christmas was made America’s first national holiday in 1870. “In God We Trust” was lifted from the fourth verse of the Star-Spangled Banner (not officially the National Anthem until 1931) and added to coins in 1864 –and to the currency in 1956. “Under God” was added to the Pledge of Allegiance” in 1954. </p>



<p>The “God” on our money and in the Pledge has been described as a generic “God” – to be seen through the eyes of various religions. Christmas as a national holiday, however, is questionable. Much like the imposition of the Ten Commandments in the Louisiana case it clearly favors Christianity.</p>



<p>In 1947, in the New Jersey case of <em>Everson v. the Board of Education</em>, the Supreme Court held that it was NOT a violation of separation of church and religion for government to reimburse the bus fare for students attending private or parochial schools. But &#8230; that neither the federal government nor the states could create a state religion.</p>



<p>Later cases twisted the meaning of the First Amendment to begin the ban on any hint of religious expression in the public commons – especially the 1962 <em>Ingles v. Vitale</em> case that banned prayer in schools. ;</p>



<p>If separation of church and state means the banning of religious expression – and public high school athletes are forbidden to voluntarily pray before a game – should President Biden be called out for incorporating the Sign of the Cross as part of his public comments?</p>



<p>The First Amendment was designed by the Founders to protect all religions from being suppressed by a state sponsored religion – not to eradicate mutual religious expressions from the public places. ; It is arguable that the current view of a separation of church and state is, itself, an infringement of religion in violation of the First Amendment.</p>



<p>I am betting that the federal courts will strike down the Louisiana law – as they should. ; I only wish they would roll back the rulings that have made the public commons a religious desert.</p>



<p>Of course, we would not even be having a controversy if America had not evolved into a less Judeo-Christian &#8212; and even less religious nation. And in a democracy, there is nothing inherently wrong with traditions and customs change in accordance to the demographics and will of the people. After all, no expression of religion in the public space is mandatory – COMPELLED. It is only ALLOWED as long as we the people allow it.</p>



<p>So, there ‘tis.</p>

Thou shalt not read the Ten Commandments
