Perspective: The Ten Commandments case points the way to more inclusive religious expression

Yahoo

30-01-2025

A federal appeals court case about displaying the Ten Commandments in Louisiana public schools is poised to become the next major battleground over religion's role in American public life. While the case has sparked familiar debates about church-state separation, it also presents an opportunity to reimagine how schools might teach about shared religious heritage in an increasingly diverse society.
The controversy centers on a Louisiana law requiring public schools to display the Ten Commandments in classrooms, alongside historical context about their influence on American law. After U.S. District Judge John deGravelles blocked the law's enforcement in November, finding it 'unconstitutional on its face,' Louisiana officials quickly appealed, setting up a showdown at the 5th Circuit Court of Appeals beginning this month.
Opponents argue the law violates fundamental principles separating church and state. They point to a 1980 Supreme Court decision striking down a similar Kentucky law, emphasizing that mandatory religious displays in schools are particularly problematic because students — required by law to attend — have no choice but to encounter these religious messages daily. The law's use of the Protestant King James Bible version of the Ten Commandments, they contend, shows it impermissibly favors one religious tradition over others. Requiring such displays, critics argue, sends a message of exclusion to non-Christian students.
Defenders of the law offer a different perspective, grounded in the Supreme Court's recent shift toward examining historical practices rather than strict separation of church and state. They note that Ten Commandments displays are common in government buildings, including the Supreme Court itself, reflecting their role in America's legal heritage. Louisiana's law, they argue, is more nuanced than Kentucky's was — it requires historical context, allows flexibility in presentation and places the commandments alongside other founding documents.
Yet this framing of the debate — pitting religious heritage against secular neutrality — may miss an opportunity for greater understanding. The Ten Commandments hold profound significance across Judaism, Christianity and Islam, with each tradition offering distinct interpretations that reflect rich theological diversity. A more inclusive approach to displaying this shared religious and legal heritage could acknowledge these various traditions, helping students understand both the historical influence of the Ten Commandments and the complex ways different faiths have interpreted and applied these principles. Such an approach is not perfect, as it does not fully represent America's religious diversity, but it might still better serve Louisiana's stated educational goals while demonstrating respect for religious pluralism.
Such an approach could also help counter growing concerns about Christian nationalism — the belief that America is fundamentally a Christian nation and should privilege Christian values and traditions. Rather than reinforcing claims of Christian cultural dominance, a more inclusive presentation of the Ten Commandments could demonstrate how fundamental moral and legal principles transcend any single religious tradition. This could provide a model for acknowledging religion's historical influence while respecting America's commitment to religious pluralism.
The time may be right for such a reimagining. The case arrives at a moment when Americans are deeply divided over religion's proper place in public institutions. Over the past two decades, the Supreme Court has shown increasing skepticism toward strict church-state separation —first in cases like Van Orden v. Perry (2005), which upheld a Ten Commandments monument on Texas Capitol grounds by emphasizing its historical rather than religious significance, and more recently in Kennedy v. Bremerton School District (2022). In Kennedy, the court upheld a high school football coach's right to pray on the field after games, dismissing concerns about student coercion by emphasizing that the prayer occurred after games when students were free to leave.
The Louisiana case presents a crucial test of how these precedents interact: While Van Orden recognized that Ten Commandments displays can be constitutional in some government contexts and Kennedy permitted religious expression in schools when student participation is voluntary, the mandatory classroom setting of Louisiana's law presents a distinct challenge. Unlike football games or passive monuments that citizens can choose to avoid, students must encounter these displays throughout the school day. This raises the question of whether historical practice alone can justify religious messaging in settings where the state compels attendance.
This legal evolution toward greater accommodation of religious expression comes as America's religious landscape undergoes dramatic change. According to 2024 data from the Public Religion Research Institute, white Christians now make up just 41% of Americans, down from 57% in 2006, while the religiously unaffiliated have grown to 27% of the population. Recent data projections suggest Christians could become a minority in America within a few decades, potentially falling to between 35-46% of the population by 2070, while the unaffiliated could grow to comprise up to 52% of Americans. These shifting demographics have intensified debates about religious accommodation, with some seeing robust protection of religious expression as increasingly vital for people of faith, while others argue it threatens America's growing religious diversity.
This tension makes the Louisiana case more than just a legal dispute about classroom displays. While the courts will decide the constitutionality of the current law, the broader question is how public institutions can acknowledge religious influences on American law and society while embracing, rather than minimizing, America's religious diversity. The 5th Circuit's decision won't just affect Louisiana schoolchildren — it will help shape future conversations about religious expression in public life. As our nation grapples with increasing pluralism, the Ten Commandments controversy offers an opportunity to move beyond binary debates about religion's role in public life toward approaches that better reflect and respect our multi-faith reality.