Red-state legislators push bills to post Ten Commandments in classrooms
Idaho bill would have entire Bible read to students over course of 10 years
The Ten Commandments have found new favor in red-state legislatures across the country as lawmakers in conservative-leaning states attempt to increase religious influence on education.
Bills regarding the Ten Commandments are on the agenda in four legislatures, while legislators in two states are trying to make it easier for students to be exposed to the Bible. One state is considering legislation that would allow parents to exempt their children from mandatory vaccination on religious grounds.
Legislatures in three states — North Dakota, South Dakota and Montana — have considered Ten Commandments proposals this year but rejected them. Another, Louisiana, already has a law mandating the posting of the commandments in classrooms, although a court challenge has delayed its implementation.
Although the U.S. Supreme Court ruled in 1980 in Stone v. Graham that a Kentucky law requiring the Ten Commandments to be displayed in school classrooms violated the First Amendment, supporters of the idea are hoping that the current court, which has a conservative majority thank to Donald Trump’s appointments in his first term, will overrule that precedent.
Other religion-related legislation being considered seems to have stronger constitutional support: The Supreme Court has long approved use of the Bible in schools as long as it is used in a secular way, and 2022’s Carson v. Makin ruling opened the path for states to more freely use vouchers that parents could use to help fund their children’s church-sponsored education. Constitutional questions remain, however, about what limitations can be imposed on how the vouchers are used. One legislature, Kentucky’s, has already passed a voucher bill this year, proving about $7,000 per year per student attending a private school. It passed with strong, but not unanimous, Republican support and Democratic opposition.
Here is a quick look the state-level religion-related education bills being considered in current legislative sessions:
Ten Commandments
Idaho — House Bill 238 would require the posting of an easily readable copy of a highly abridged version of the Ten Commandments. Unlike many proposals, HB238’s provision would apply to any school “in the state of Idaho that receives public funds from the state of Idaho,” including college and universities. The bill is being considered by the House Education Committee.
Kentucky — House Bill 116 would allow, but not require, school boards to authorize the posting or reading of the Ten Commandments in school buildings and classrooms and at events. It is being considered by the Primary and Secondary Education Committee. A separate bill, not related to education, would return a donated Ten Commandments monument to be installed on the Capitol grounds. The monument had been on the site during the 1980s but was moved because of construction work; it has not returned partly because of legal challenges.
Ohio — Senate Bill 34, the proposed Historical Educational Displays Act, would require local school districts to pick at least one of nine “historical educational documents” to display in classrooms. The documents include, in addition to the Ten Commandments, items such as the Bill of Rights and the Articles of Confederation.
Texas — Senate Bill 10 would require the posting of donated copies of the Ten Commandments in classrooms. Similar legislature has failed to gain lawmaker approval in earlier years, but this time around the governor is strongly pushing the legislation.
Bibles in education
Idaho — House Bill 162 would require that selections from the Bible be read each morning of each instructional day in all classrooms “without comment or interpretation.” The bill requires that the selections be scheduled in such a way that the entire Bible is read each 10 years. Teachers could be exempt for reasons of religion or conscience from performing the readings, and students would be exempt from that part of the class on parental request.
Texas — Senate Bill 11 would establish a time for students with parental permission to meet outside of instructional time for prayer and a reading of the Bible or other religious text. Parents allowing their children to participate would be required to sign a waiver saying that they would not sue the school system.
Vaccination mandates
West Virginia — The state is one of only five in the country that does not provide an exceptions to its vaccine mandate for students other than medical exemptions. Senate Bill 460, which would allow parents to opt out their children for either religious or philosophical reasons, passed the Senate last week. The bill is expected to pass the House, and it already has the governor’s strong support.
Vouchers
Texas — The Senate has already passed a bill that would provide up to $10,000 a year for students to attend private (including religious) rather than public schools. The bill, SB2, passed on a 19-12 mostly party-line vote (all Democrats and one Republican voted in opposition). The bill now is being considered in the House, where a similar but less costly House bill is also under consideration.