The time may be ripe for red-state conservatives to reintroduce the 1980s-era battle over the separation of church and state, which seemed to be settled law until very recently.
In past weeks, Louisiana and Oklahoma have been setting up challenges to test the wall between church and state, focusing on classrooms as their test case. The legal challenges will likely work their way up to the Supreme Court in due course.
Ten Commandments in Public Schools
Both Oklahoma and Louisiana have passed legislation or imposed new regulations requiring that images of the Ten Commandments be posted in public school classrooms throughout the state. Oklahoma also now requires instruction on the Bible.
Employment of Chaplains in Schools
Texas and Florida have also permitted public schools to employ chaplains and pay them a wage to serve as mental health staff.
Opposition to New Policies
Opponents of the new policies claim that lawmakers are asserting a religious identity onto taxpayer-funded schools. Multiple civil liberties organizations have sued based on the wall of separation between church and state and stated that the various laws violate the First Amendment.
Americans United for Separation of Church and State’s View
Rachel Laser of Americans United for Separation of Church and State said, “The goal of all of these strategies is to assert Christian favor and privilege in America and to fight democracy’s steady march towards equality for all.”
“It’s very much a backlash to all the progress that our society has made in recent times toward LGBTQ equality, towards women’s equality, towards racial equality, and Black and brown equality.”
Louisiana Governor’s Perspective
In signing a law requiring the Ten Commandments to be posted along with an explanatory paragraph in every classroom in Louisiana, Governor Jeff Landry said, “Look, when the Supreme Court meets, the doors of the Supreme Court on the backside have the Ten Commandments.”
“Moses faces the U.S. Speaker of the House in the House Chamber. He is the original giver of the law. Most of our laws in this country are founded on the Ten Commandments; what’s the big problem? And that’s the part I don’t understand.”
Oklahoma’s Religious Charter School Ruling
A few weeks ago, Oklahoma’s state Supreme Court struck down a contract creating the nation’s first religious charter school. The Court said the agreement between the state and the school was unconstitutional because the school’s basis would involve evangelizing religious beliefs.
University of Notre Dame Law School’s View
Richard Garnett of the University of Notre Dame Law School said, “I think in our law, it’s been pretty clear for a while that there’s a line between using the Bible as part of a broader education about history and literature, which is OK, but distinguishing that from officially using the curriculum for religious formation, religious instruction, and religious evangelization.”
Sensitivity to Legal Boundaries
He continued, “So if you’re going to have the Bible in the public schools, whether it’s Oklahoma or anywhere else, I think schools are going to have to be sensitive to the fact that this line exists, and they need to be careful not to cross it.”
Red States Pushing Boundaries
Many legal experts and political interest groups note that red states are pushing on these topics, particularly right now, due to the Supreme Court’s current makeup. The current Court has exhibited a willingness to review and overturn precedent.
Supreme Court’s Recent Ruling
In 2022, the Supreme Court ruled in favor of a public school coach who had been criticized for praying on the field after a football game.
Current Push by Red States
Given the potential openness of the Court to act on their agendas, Laser explained the current push for red states to get their laws under the scrutiny of the Court as “emboldened Christian nationalists are competing with each other to get the best case before the Supreme Court.”
Historical Significance Argument
The advocates carrying the mantle for religion in schools have turned to arguments about the historical significance of the Judeo-Christian documents on Western culture and government.
Cato Institute’s Perspective
Neal McCluskey from the Cato Institute said, “I think that where they would have…better than 50/50 chance of succeeding is if you…put it in the curriculum….and say, ‘Look, we’re including religion because it is totally within the bounds of public schooling to study religion. It’s here, not to make people into Christians, but because Christianity was a major part of American history.”
