This past week, a member of the media asked for our perspective on H.3217, a bill that requires all classrooms in South Carolina to hang a poster of the Ten Commandments on the wall. Our team thought long and hard about the morality and legality of such a requirement, and how that has played out in other states. While the reporter did not include our statement in her article, we decided that we would publish and further articulate it here.

Our nation was founded on Christian principles and is one of the reasons our republic has lasted for 250 years. History has taught us that freedoms are only preserved when morality is prioritized, otherwise society devolves into chaos. The Ten Commandments provide a moral foundation for children and is a wonderful addition to a well-rounded, classical education.

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While this bill is well-intentioned, it has no enforcement and will act more as a feather in the cap of the legislature rather than addressing the root problems of federal- and state- run compulsory education overshadowing the discretion of local school districts. If passed, it will almost certainly face legal challenges as the three states that have already passed similar laws are now tied up in legal battles over this issue. Our suggestion for the SC General Assembly is to learn from other states and allow for a poster to be made available as an option, but not to require it.

Guaranteed Court Challenges

The U.S. Supreme Court upheld in a 1980 Kentucky case that requiring a public school to post a copy of the Ten Commandments (purchased with private contributions) is unconstitutional as violating the Establishment Clause of the First Amendment [Stone v. Graham, 449 U.S. 39].

H.3217 mirrors this case and is guaranteed to be taken to court following enactment. Is taxpayer money being best used by paying for a losing legal battle or is there an alternative that avoids legal challenges?

Three states have passed similar laws and are all tied up in court: Lousiana, Arkansas, and Texas. Unless the South Carolina legislature has a big plan to challenge Stone v. Graham and is confident it can overturn this decision, legislators need to think long and hard about this piece of legislation.

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Make It An Option, Not A Requirement

The reason the U.S. Supreme Court ruled Stone v. Graham unconstitutional was because the government was mandating that something should be posted. Instead of mandating H.3217, what if instead the bill allowed for the Ten Commandments to be made available to teachers and allow the local school district and/or school to handle it from there?

While H.3217 may be rooted in good intentions, mandating the display of the Ten Commandments in every classroom is both legally precarious and unlikely to address the real issues facing South Carolina’s schools. Rather than risking taxpayer money on a guaranteed court battle, the legislature should consider its options, such as a voluntary approach by making the Ten Commandments available as an option for schools and teachers. This respects local control, upholds constitutional protections, and still allows students to benefit from a moral framework in their education.

Article posted with permission from Palmetto State Watch