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Federal judge rules that Louisiana shalt not require public schools to post the Ten Commandments
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.
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.
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.
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
This article is republished from The Conversation under a Creative Commons license. Read the original article.
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Caitlin Clark, Christine Brennan and how racial stereotypes persist in the media’s WNBA coverage
The “Caitlin Clark effect” has driven record growth in the WNBA, yet Clark’s rookie season ended prematurely, revealing racial tensions and media biases impacting Black athletes’ representation and coverage.
Molly Yanity, University of Rhode Island
The “Caitlin Clark effect,” or the impact on women’s basketball from a ponytailed rookie phenomenon from America’s heartland, is real: The 2024 WNBA season shattered viewership, attendance and merchandise sales records.
Clark, however, didn’t get a chance to compete for a league title.
The Connecticut Sun eliminated Clark’s team, the Indiana Fever, in the first round of the playoffs with a two-game sweep, ending her record rookie-of-the-year campaign.
And it may be just the latest chapter in a complicated saga steeped in race.
During the first game of the series, the fingers of Sun guard DiJonai Carrington hit Clark in the eye as Carrington followed through on a block attempt of a Clark shot.
During the next day’s media availability, USA Today columnist Christine Brennan recorded and posted an exchange between herself and Carrington.
In the brief clip, the veteran sports writer asks Carrington, who is Black, if she purposely hit Clark in the eye during the previous night’s game. Though Carrington insisted she didn’t intentionally hit Clark, Brennan persisted, asking the guard if she and a teammate had laughed about the incident. The questions sparked social media outrage, statements from the players union and the league, media personalities weighing in and more.
Hit the pause button here.
As a longtime sports writer who has covered the WNBA – and as a journalism scholar who studies women’s sports and fandom – I’ll concede that Brennan’s line of questioning seems, on its face, like business as usual in sports journalism.
After all, haven’t most baseball fans seen a scribe ask a pitcher if he intentionally beaned a batter?
But Brennan’s questions were not asked in a vacuum. The emergence of a young, white superstar from the heartland has caused many new WNBA fans to pick sides that fall along racial lines. Brennan’s critics claim she was pushing a line of questioning that has dogged Black athletes for decades: that they are aggressive and undisciplined.
Because of that, her defense of her questions – and her unwillingness to acknowledge the complexities – has left this professor disappointed in one of her journalistic heroes.
Brennan and much of the mainstream sports media, particularly those who cover professional women’s basketball, still seem to have a racial blind spot.
The emergence of a Black, queer league
When the WNBA launched in 1997 in the wake of the success of the 1996 Olympic gold-medal-winning U.S. women’s basketball team, it did so under the watch of the NBA.
The NBA set out to market its new product, in part, to a white, heterosexual fan base.
The plan didn’t take hold.
While the league experienced fits and starts in attendance and TV ratings over its lifetime, the demographic makeup of its players is undeniable: The WNBA is, by and large, a Black, queer league.
In 2020, the Women’s National Basketball Players Association reported that 83% of its members were people of color, with 67% self-reporting as “Black/African-American.” While gender and sexual identity hasn’t been officially reported, a “substantial proportion,” the WNBPA reported, identify as LBGTQ+.
In 2020, the league’s diversity was celebrated as players competed in a “bubble” in Bradenton, Florida, due to the COVID-19 pandemic. They protested racial injustice, helped unseat a U.S. senator who also owned Atlanta’s WNBA franchise, and urged voters to oust former President Donald Trump from the White House.
Racial tensions bubble to the surface
In the middle of it all, the WNBA has more eyeballs on it than ever before. And, without mincing words, the fan base has “gotten whiter” since Clark’s debut this past summer, as The Wall Street Journal pointed out in July. Those white viewers of college women’s basketball have emphatically turned their attention to the pro game, in large part due to Clark’s popularity at the University of Iowa.
Money is also pouring into the league through a lucrative media rights deal and new sponsorship partners.
While the rising tide following Clark’s transition to the WNBA is certainly lifting all boats, it is also bringing detritus to the surface in the form of racist jeers from the stands and on social media.
After the Sun dispatched the Fever, All-WNBA forward Alyssa Thomas, who seldom speaks beyond soundbites, said in a postgame news conference: “I think in my 11-year career I’ve never experienced the racial comments from the Indiana Fever fan base. … I’ve never been called the things that I’ve been called on social media, and there’s no place for it.”
Echoes of Bird and Magic
In “Manufacturing Consent,” a seminal work about the U.S. news business, Edward Herman and Noam Chomsky argued that media in capitalist environments do not exist to impartially report the news, but to reinforce dominant narratives of the time, even if they are false. Most journalists, they theorized, work to support the status quo.
In sports, you sometimes see that come to light through what media scholars call “the stereotypical narrative” – a style of reporting and writing that relies on old tropes.
Scholars who study sports media have found that reporters routinely fall back on racial stereotypes. For example, coverage of Black quarterbacks in the NFL as less intelligent and more innately gifted would go on to hinder the progress of Black quarterbacks.
In Brennan’s coverage of the Carrington-Clark incident, there appear to be echoes of the way the media covered Los Angeles Lakers point guard Magic Johnson and Boston Celtics forward Larry Bird in the 1980s.
The battles between two of the sport’s greatest players – one Black, the other white – was a windfall for the NBA, lifting the league into financial sustainability.
But to many reporters who leaned on the dominant narrative of the time, the two stars also served as stand-ins for the racial tensions of the post-civil rights era. During the 1980s, Bird and Magic didn’t simply hoop; they were the “embodiments of their races and living symbols of how blacks and whites lived in America,” as scholars Patrick Ferrucci and Earnest Perry wrote.
The media gatekeepers of the Magic-Bird era often relied on racial stereotypes that ultimately distorted both athletes.
For example, early in their careers, Bird and Johnson received different journalistic treatment. In Ferrucci and Perry’s article, they explain how coverage of Bird “fit the dominant narrative of the time perfectly … exhibiting a hardworking and intelligent game that succeeded despite a lack of athletic prowess.” When the “flashy” Lakers and Johnson won, they wrote, it was because of “superior skill.”
When they lost to Bird’s Celtics, they were “outworked.”
Framing matters
Let’s go back to Brennan.
Few have done more for young women in the sports media industry than Brennan. In time, energy and money, she has mentored and supported young women trying to break into the field. She has used her platform to expand the coverage of women’s sports.
Brennan defended herself in a lengthy interview on the podcast “Good Game with Sarah Spain”:
“I think [critics are] missing the fact of what I’m trying to do, what I am doing, what I understand clearly as a journalist, asking questions and putting things out there so that athletes can then have an opportunity to answer issues that are being discussed or out there.”
I don’t think Brennan asking Carrington about the foul was problematic. Persisting with the narrative was.
Leaning into racial stereotypes is not simply about the language used anymore. Brennan’s video of her persistent line of questioning pitted Carrington against Clark. It could be argued that it used the stereotype of the overly physical, aggressive Black athlete, as well.
At best, Brennan has a blind spot to the strain racism is putting on Black athletes today – particularly in the WNBA. At worst, she is digging in on that tired trope.
A blind spot can be addressed and seen. An unacknowledged racist narrative, however, will persist.
Molly Yanity, Professor and Director of Sports media and Communication, University of Rhode Island
This article is republished from The Conversation under a Creative Commons license. Read the original article.
The Bridge is a section of the STM Daily News Blog meant for diversity, offering real news stories about bona fide community efforts to perpetuate a greater good. The purpose of The Bridge is to connect the divides that separate us, fostering understanding and empathy among different groups. By highlighting positive initiatives and inspirational actions, The Bridge aims to create a sense of unity and shared purpose. This section brings to light stories of individuals and organizations working tirelessly to promote inclusivity, equality, and mutual respect. Through these narratives, readers are encouraged to appreciate the richness of diverse perspectives and to participate actively in building stronger, more cohesive communities.
https://stmdailynews.com/the-bridge
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Dozens of cyclists and pedestrians are killed each year in Philly − an injury epidemiologist explains how to better protect bike lanes, slow drivers down and reduce collisions
D. Alex Quistberg, Drexel University
Over 60 pedestrians and cyclists have been killed each year in Philadelphia in recent years.
Compared with other big cities, Philadelphia’s death rate for both pedestrians and cyclists is higher than New York and Chicago but lower than Los Angeles and Houston.
Across the U.S., more pedestrians and bicyclists are killed or seriously injured today than any time over the past 40 years. Over 7,500 pedestrians and over 1,100 bicyclists died in traffic collisions in 2022, the most recent year with available data, according to the National Highway Traffic Safety Administration.
As an injury epidemiologist in Philadelphia who studies pedestrian and bicyclist injuries in the U.S. and Latin America, I want to share several evidence-based ways that Philadelphia can make walking, biking and getting around the city safer for everyone.
Protect bike lanes
Protected bike lanes have physical barriers that prevent drivers from entering the bike lane to park or pass other drivers.
They are particularly useful on high-volume cycling corridors and offer cyclists much more protection than lanes that are merely painted but have no physical barriers or lanes with flexible posts that can be driven over.
Flexible posts, for example, were unable to block the collision that killed Barbara Friedes, chief pediatric resident at Children’s Hospital of Philadelphia, in Center City in July 2024 when a drunk driver sped through the bike lane where Friedes was bicycling.
Research suggests protected bike lanes can improve safety for pedestrians and drivers too. This is likely because they tend to cause drivers to slow down.
The Bicycle Coalition of Greater Philadelphia and other local bike safety advocacy groups have called for the city to replace unprotected lanes with protected lanes and also add protected bike lanes to more roadways that currently don’t have any.
In October 2024, the city announced it will install concrete barriers to protect the bike lanes on Spruce and Pine streets in Center City, including where Friedes was killed. That same month, the City Council unanimously passed a “Get Out the Bike Lane” bill that increases the fines for drivers who stop or park in a bike lane.
Slow drivers down
Traffic-calming measures are engineering and road design strategies that slow vehicles down, make pedestrians more visible to motorists and provide safer crossing areas.
They include speed humps, curb extensions and protected intersections, as well as 20 mph speed zones.
Automated speed enforcement, which involves cameras that capture the license plates of drivers who are speeding, has led to major reductions in speeding and serious collisions on Roosevelt Boulevard. The street, which runs through North and northeast Philadelphia, has been named one of most dangerous roads in the country in various analyses by news and transportation organizations. Due to this success, the city plans to expand automated speed enforcement to Broad Street in 2025 and potentially other locations in the future.
Traffic-calming measures can benefit all road users by reducing traffic congestion so drivers and public transit riders face fewer delays. They can also boost nearby businesses by increasing foot traffic and making business corridors more pleasant for shoppers.
Encourage fewer cars on the road
Philadelphia can adopt more policies that promote walking or biking over driving. These include open streets or ciclovías, where streets are closed down to motor vehicle traffic and opened to cyclists and pedestrians. Philadelphia occasionally does this on stretches of 18th Street and Walnut Street in Center City.
Increasing parking fees can also reduce traffic congestion. Parking fees generally do not reflect the true cost of driving in cities, which includes maintaining parking spaces and infrastructure. The low cost of parking is essentially a subsidy to drivers. While there are fears that reduced parking hurts business owners, substantial evidence indicates businesses benefit from increased foot and bicycle traffic.
The city could also reduce the number of parking spaces and implement congestion pricing, which involves charging fees to drive in certain areas of a city to reduce traffic congestion.
This may be a challenge, considering the recent experience of New York City, which spent decades preparing for congestion pricing only to have it blocked by the governor, though it seems it now has a chance of being implemented. How much success New York has with congestion pricing will likely determine the feasibility in Philadelphia and other U.S. cities.
Improve public transportation
Expanding public transportation and lowering or eliminating fares can also help protect pedestrians and cyclists by reducing car use. I believe these measures could help ensure the other policies mentioned above are effective.
However, Philadelphia’s public transportation is currently in a critical state. Facing funding shortfalls due to years of declining ridership, the Southeastern Pennsylvania Transportation Authority has proposed service cuts and significant fare increases beginning Jan. 1, 2025. Gov. Josh Shapiro has spared the system from these cuts for now by flexing federal highway funds, but long-term solutions are needed to ensure the survival and revival of public transportation in Philadelphia.
Addressing gun violence, drug use and other crimes may also make public transportation in Philadelphia safer and more attractive. While violent crimes on Philadelphia’s public transportation have dropped dramatically in 2024, four people have lost their lives on SEPTA vehicles so far this year.
Collect better data
Considering the increase in road traffic deaths in Philly since the start of the COVID-19 pandemic, substantial efforts are needed to reach the city’s Vision Zero goal of reducing road traffic deaths to zero by 2030.
In my view, this includes better data on transportation use and which interventions and policies are working and which are not.
Road safety surveillance could be improved in Philadelphia and across Pennsylvania by linking crash records to other data, such as hospital and clinical data of crash victims, as well as insurance costs to better understand the burden of road traffic injuries on the city and the state.
Data is also key to ensuring public policies are implemented equitably. The Vision Zero plan includes a focus on lower-income neighborhoods and those with higher proportions of racial and ethnic minorities. Those areas have three times as many serious injuries and deaths as other neighborhoods, and road traffic injury and deaths rates are 30% higher among people of color compared with white residents.
D. Alex Quistberg, Associate Research Professor, Urban Health Collaborative, Drexel University
This article is republished from The Conversation under a Creative Commons license. Read the original article.
The Bridge is a section of the STM Daily News Blog meant for diversity, offering real news stories about bona fide community efforts to perpetuate a greater good. The purpose of The Bridge is to connect the divides that separate us, fostering understanding and empathy among different groups. By highlighting positive initiatives and inspirational actions, The Bridge aims to create a sense of unity and shared purpose. This section brings to light stories of individuals and organizations working tirelessly to promote inclusivity, equality, and mutual respect. Through these narratives, readers are encouraged to appreciate the richness of diverse perspectives and to participate actively in building stronger, more cohesive communities.
https://stmdailynews.com/the-bridge
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Diana Gregory Receives Lifetime Achievement Award from AmeriCorps on Behalf of President Biden
Honoring Diana Gregory
In a moment that truly embodies the essence of service and community care, Diana Gregory, the visionary founder of Diana Gregory Outreach Services, has been honored with the esteemed Lifetime Achievement Award from AmeriCorps. This award, presented on behalf of President Joe Biden, took place during a heartfelt ceremony at the VA Health Care System in Phoenix, Arizona, organized by the dedicated leadership of The Order of St. George.
Diana’s selection for this distinguished accolade highlights her extraordinary commitment to fostering positive change and improving the lives of those in her community. Over the past decade, she has passionately addressed critical issues like food insecurity and health awareness, focusing on supporting seniors and veterans. Through her organization, Diana Gregory Outreach Services, she has distributed fresh, nutritious produce to thousands, ensuring that those in need have access to healthy food options.
But Diana’s contributions extend far beyond food distribution; she has also implemented vital health education programs that empower individuals and families, helping them to embrace wellness and make informed choices about their health. This holistic approach has created a transformative impact on underserved communities, reinforcing the importance of access to both nutrition and education.
The Lifetime Achievement Award is an honorable recognition reserved for individuals who have dedicated over 4,000 hours of volunteer service. This milestone is a testament to Diana’s proactive engagement and relentless advocacy for those she serves. Her award serves not only as recognition of her achievements but also as an inspiration for others to follow in her footsteps and contribute to their communities.
The Order of St. George, a respected non-profit organization dedicated to providing humanitarian assistance to refugees, veterans, and the Boy Scouts of America, proudly presented the award. Their involvement signifies the collaborative spirit of various organizations working together to uplift and empower individuals in need, underscoring how interconnected our communities truly are.
As we celebrate Diana Gregory’s well-deserved honor, we recognize the countless lives she has touched and the paths she has paved for a brighter, healthier future. Her remarkable efforts highlight the immense power of community service and the difference every individual can make when they dedicate their time and passion to helping others.
To learn more about Diana Gregory Outreach Services and how you can get involved in her inspiring mission, please visit dianagregory.com. Together, let’s continue the legacy of compassion and service that Diana has so beautifully embodied.
Congratulations, Diana Gregory, on this remarkable achievement! Your dedication is a shining example of what it means to be a true leader and advocate for community well-being. Your work inspires us all to be better, do better, and serve better.
To learn more about Diana Gregory, visit https://dianagregory.com/
Related Link (Origina Press Release):
https://www.facebook.com/share/p/177DijAbdG
The Bridge is a section of the STM Daily News Blog meant for diversity, offering real news stories about bona fide community efforts to perpetuate a greater good. The purpose of The Bridge is to connect the divides that separate us, fostering understanding and empathy among different groups. By highlighting positive initiatives and inspirational actions, The Bridge aims to create a sense of unity and shared purpose. This section brings to light stories of individuals and organizations working tirelessly to promote inclusivity, equality, and mutual respect. Through these narratives, readers are encouraged to appreciate the richness of diverse perspectives and to participate actively in building stronger, more cohesive communities.
https://stmdailynews.com/the-bridge
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