Louisiana’s New Ten Commandants Law

​When Louisiana passed a new law requiring the Ten Commandments to be displayed in all public classrooms, a debate began that will undoubtedly be resolved only in a federal court.
 
Defenders of the law point out that the Ten Commandments are foundational to Western civilization and much of American history. Doesn’t that justify their posting in terms of civic education?
 
We agree that stripping all religion out of American education would be ahistorical. One cannot teach children about the origins of the American nation or the forces that sparked the American Civil War and the civil rights movement a century later without exploring the role of religion. Even in this context, however, the Ten Commandments seems more like an effort to impart religious moral guidance than teaching civics.
 
Critics respond that the posters violate the First Amendment’s prohibition against the establishment of religion. Doesn’t that justify forbidding posting Judeo-Christian scripture? The American Civil Liberties Union contends that the Ten Commandments mandate constitutes an “unconstitutional religious coercion of students.” A federal court will have to determine if Louisiana’s Ten Commandment mandate violates the Establishment Clause under a historical understanding of similar laws at or near the time of the Bill of Right’s ratification.
 
What is getting lost is that Louisiana is taking another step that presents a better way forward. The state is fostering educational pluralism in a way that includes those who seek a religious education for their children. Louisiana recently expanded its school choice program to allow for vouchers for families to choose private schools.
 
The constitutionality of Louisiana’s school choice vouchers is enhanced by a Supreme Court decision, Carson v. Makin in 2022, and by other recent rulings holding that funding made available for secular schools must also be equitably available to religious schools. The new Louisiana vouchers will enable many children to attend quality private schools, whether religious schools or purely secular. All such schools must meet state standards in the teaching of science, history, civics, math, and other subjects.
 
Enhancing the right of parents to choose values they want to extend to their children – whether secular or religious – is a fruitful path that manages to thread the needle for pluralism, educational standards, and, for those who choose it, a religious education.