Charles J. Russo, University of Dayton

Do the Ten Commandments have a valid place in U.S. classrooms? Louisiana’s Legislature and governor insist the answer is “yes.” But on Nov. 12, 2024, a federal judge said “no.”

U.S. District Judge John W. deGravelles blocked the state’s controversial House Bill 71, which Gov. Jeff Landry had signed into law on June 19, 2024. The measure would have required all schools that receive public funding to post a specific version of the commandments, similar to the King James translation of the Bible used in many, but not all, Protestant churches. It is not the same version used by Catholics or Jews.

Officials were also supposed to post a context statement highlighting the role of the Ten Commandments in American history and could display the Pilgrims’ Mayflower Compact, the Declaration of Independence and the Northwest Ordinance of 1787, a federal enactment to settle the frontier – and the earliest congressional document encouraging the creation of schools.

The law’s defenders argued that its purpose was not only religious, but historical. Judge deGravelles, though, firmly rejected that argument, striking down HB 71 as “unconstitutional on its face and in all applications.” The law had an “overtly religious” purpose, he wrote, in violation of the First Amendment, according to which “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Regardless of the Ten Commandments’ impact on civil law, there was a clear religious intent behind Louisiana’s law. During debate over its passage, for example, the bill’s author, state Rep. Dodie Horton said, “I’m not concerned with an atheist. I’m not concerned with a Muslim. I’m concerned with our children looking and seeing what God’s law is.”

Louisiana Attorney General Liz Murrill has said she intends to appeal the judge’s ruling.

As someone who teaches and researches law around religion and education, with an eye toward defending religious freedom, I believe this is an important test case at a time when the Supreme Court’s thinking on religion and public education is becoming more religion-friendly – perhaps the most it has ever been.

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How SCOTUS has ruled before

Litigation over the Ten Commandments is not new. More than 40 years ago, in Stone v. Graham, the Supreme Court rejected a Kentucky statute that mandated displays of the Ten Commandments in classrooms.

The court reasoned that the underlying law violated the First Amendment’s establishment clause – “Congress shall make no law respecting an establishment of religion” – because the mandate lacked a secular purpose.

The justices were not persuaded by a small notation on posters that described the Ten Commandments as the “fundamental legal code of Western Civilization and the Common Law of the United States.”

Twenty-five years later, the Supreme Court again took up cases challenging public displays of the Ten Commandments, although not in schools. This time, the justices reached mixed results.

The first arose in Kentucky where officials had erected a county courthouse display of texts including the Ten Commandments, the Magna Carta, the Declaration of Independence and a biblical citation. In a 2005 ruling in McCreary County, Kentucky v. American Civil Liberties Union of Kentucky the five-member majority agreed that the display of the Ten Commandments violated the establishment clause, largely because it lacked a secular legislative purpose.

On the same day, though, the Supreme Court reached the opposite result in Van Orden v. Perry, a case from Texas. The court upheld the constitutionality of a display of the Ten Commandments on the grounds of the state capitol as one of 17 monuments and 21 historical markers commemorating Texas’ history.

Unlike the fairly new display in Kentucky, the one in Texas, which had existed since the early 1960s, was erected using private funds. The court permitted the Ten Commandments to remain because, despite their religious significance, the Texas monument was a more passive display, not posted on the courthouse door.

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Louisiana’s law

Louisiana’s law would have required public school officials to display framed copies of the Ten Commandments in all public school classrooms. Posters were supposed to be at least 11-by-14 inches and printed with a large, easily readable font. The legislation would have allowed, but did not require, officials to use state funds to purchase these posters. Displays could also be received as donations or purchased with gifted funds.

The bill’s author, Horton, previously sponsored Louisiana’s law mandating that “In God We Trust” be posted in public school classrooms.

In defending the Ten Commandments proposal, Horton said it honors the country’s origins.

“The Ten Commandments are the basis of all laws in Louisiana,” she told fellow lawmakers, “and given all the junk our children are exposed to in classrooms today, it’s imperative that we put the Ten Commandments back in a prominent position.”

Justifying the bill, Horton pointed to Kennedy v. Bremerton School District, a 2022 Supreme Court decision. Here, the justices held that educational officials could not prevent a football coach from praying on the field at the end of games because he engaged in personal religious observance protected by the First Amendment.

“The landscape has changed,” she said.

New frontier

Indeed it has.

For decades, the Supreme Court used a three-part measure called the Lemon v. Kurtzman test to assess whether a government action violated the establishment clause. Under this test, when a government action or policy intersects with religion, it had to meet three criteria. A policy had to have a secular legislative purpose; its principal or primary effect could neither advance nor inhibit religion; and it could not result in excessive entanglement between state and religious officials.

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Another test the Supreme Court sometimes applied, stemming from Lynch v. Donnelly in 1984, invalidated governmental actions appearing to endorse religion.

The majority of the current court, though, abandoned both the Lemon and endorsement tests in Kennedy v. Bremerton. Writing for the court, Justice Neil Gorsuch ruled that “the Establishment Clause must be interpreted by ‘reference to historical practices and understandings.’” He added that the court “long ago abandoned Lemon and its endorsement test offshoot.”

What that new historical practices and understandings standard means remains to be seen.

More than 80 years ago, in West Virginia State Board of Education v. Barnette the Supreme Court decided in a 6-3 opinion that students cannot be compelled to salute the American flag, which includes reciting the words “under God” in the Pledge of Allegiance, if doing so goes against their religious beliefs. While H.B. 71 does not require students to recite the Ten Commandments, they would be constantly exposed to its presence in their classrooms, reducing them to what the judge described as a “captive audience” – violating their parents’ rights to the free exercise of religion.

In 1962’s Engel v. Vitale, the Supreme Court’s first case on prayer in public schools, the majority observed that “the Founders of our Constitution [recognized] that religion is too personal, too sacred, too holy,” to permit civil authorities to impose particular beliefs. I see no reason to abandon that view.

This is an updated version of an article originally published on June 4, 2024.

Charles J. Russo, Joseph Panzer Chair in Education and Research Professor of Law, University of Dayton

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This article is republished from The Conversation under a Creative Commons license. Read the original article.

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New Shepard 28

Blue Origin has once again captured the public’s imagination with the announcement of its ninth human flight, the NS-28 mission, set to launch from Launch Site One in West Texas on Friday, November 22. With the launch window opening at 9:30 AM CST (15:30 UTC), excitement is brewing as space enthusiasts and potential future astronauts gear up for another exhilarating journey into the cosmos.

One of the highlights of this mission is the crewed aspect, making it another significant step in Blue Origin’s mission to democratize access to space. Following the success of its previous flights, NS-28 promises to deliver an experience that will inspire and ignite passion for space exploration. The live webcast on BlueOrigin.com will commence at T-30 minutes, offering spectators a front-row seat to this groundbreaking event.

The NS-28 Mission Patch: A Story of Meaning and Symbolism

Accompanying the NS-28 mission is a beautifully designed mission patch that encapsulates the spirit and purpose of this historic flight. Each element of the patch carries deep significance, painting a portrait of the crew and their aspirations in space.

• Emily Calandrelli is represented by the color pink and a girl in signature pink overalls, acknowledging her influential role as a science communicator and advocate for space education.
• For Sharon and Marc Hagle, this flight marks their second journey on New Shepard, a milestone aptly symbolized by the centerline in the “2,” fostering a sense of continuity and commitment to space travel.
• The stars in the mission patch signify Austin Litteral’s enduring vision of humanity’s place among the stars, highlighting the adventurous spirit that drives our quest for knowledge beyond our planet.
• At the bottom of the patch, a representation of people embodies J.D. Russell’s hope for future generations to expand their understanding of the universe, underscoring the mission’s educational and inspirational goals.
• Lastly, the wolf in the crew capsule’s window stands as a tribute to Hank Wolfond, symbolizing the strength, courage, and tenacity that is required for exploration beyond our earthly confines.

Looking Ahead: The Future of Space Tourism and Exploration

As Blue Origin prepares for the NS-28 mission, more than just a flight is at stake. This mission represents a significant leap in commercial space travel and signifies a broader movement towards making space accessible and enjoyable for everyone. Each launch brings us closer to a future where experiencing space is a possibility for many, rather than just a select few.

With the countdown ticking down to November 22, stakeholders, space enthusiasts, and the general public alike are encouraged to tune in to the live webcast and partake in the excitement surrounding human spaceflight. Innovations in technology and a shared passion for exploration are paving the way for a new era of discovery—one where the stars are no longer out of reach.

Join us in celebrating the NS-28 mission—an emblem of human ingenuity, curiosity, and the indomitable spirit of exploration. See you on launch day—let’s reach for the stars together!

For more information about the crew, please see our previous blog post here

Or read the post from Blue Origin here.

Follow Blue Origin on X, Instagram, Facebook, LinkedIn, Threads, and YouTube, and sign up at BlueOrigin.com to stay updated on all mission details.

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How to make every day recycling day

(Family Features) With so many mixed messages, recycling can feel confusing, but the truth is simpler than you might think. Recycling isn’t just for today – it’s a year-round commitment to a healthier planet.

In honor of National Recycling Day, consider these facts about recycling from the experts and tips to make a difference.

Recycling Is Real
Americans recycle more than 6 billion pounds of plastic every year. Among the plastics recycled, polyethylene terephthalate (PET) remains a responsible material choice. PET is the world’s most recycled plastic, with more than 1.8 billion pounds of PET bottles and containers recovered in the U.S. annually. Since PET bottles can be made from 100% post-consumer recycled content, each recycled bottle contributes to a circular economy where materials are continuously reused instead of wasted.

Recycling PET Plastic is Better for the Environment
Countless others from academics, researchers and industry experts show plastics, such as PET specifically, often have a lower environmental impact. In fact, glass bottles produce three times the greenhouse gas emissions compared to PET bottles, and making an aluminum can produces twice the emissions, according to Life Cycle Assessment studies. Producing PET also uses less energy and water and lowers acid rain and smog potential. Using and recycling PET is a more responsible, more eco-friendly choice than banning plastic outright.

Recycling Saves Energy
Recycling PET bottles requires less energy than producing new glass bottles or aluminum cans. Every PET bottle you recycle helps conserve resources and supports a more responsible production cycle.

Not All Plastics are Created Equal
PET is a superstar among plastics because it can be recycled repeatedly without losing strength or quality. It’s also an inexpensive, lightweight and shatter-resistant package that preserves and protects the food and medicine people place in their bodies.

Recycling Can be Easy
Recycling services can be accessible, with many communities across the U.S. offering easy ways to recycle. Today more than 73% of all U.S. households have access to recycling, according to The Recycling Partnership.

By staying informed, choosing packaging that’s easily recyclable and recycling consistently, you can help build a more sustainable future every day. Visit recyclecheck.org to find out where you can recycle in your community.

5 Recycling Tips

1. Know your plastics. Look for the No. 1 recycling symbol – inside three arrows forming a triangular shape – to identify polyethylene terephthalate (PET), helping ensure your recycling efforts are impactful.
2. Recycle PET plastic packaging over bans. Choose products packaged in PET bottles where possible, as recycling PET reduces reliance on resource-heavy materials and greenhouse gas emissions.
3. See recycling as energy conservation. PET bottle recycling uses significantly less energy compared to producing new glass bottles or aluminum cans.
4. Think of recycling as an investment. Every PET container you recycle contributes to a circular economy and more sustainable world.
5. Get involved within your community. Connect with local recycling programs and stay updated on your area’s recycling guidelines by visiting recyclecheck.org.

Photo courtesy of Shutterstock

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