That Pesky Establishment Clause

The state of Louisiana recently kicked a hornet's nest. Legislators there decided it would be a good idea for the Ten Commandments to be posted in every public classroom, no matter that there's a pile of legal precedent saying, "no, thou shan't."

As is usual in such culturally polarizing occurrences, some Christian believers have advanced arguments as to why this doesn't violate the Constitution. I've seen variations of "there are so many variations of Christianity, this doesn't pick one," "the Ten Commandments are an important historical milestone apart from any religious element," "'don't murder, steal, or perjure' are good values to teach," "no one is being forced to repeat or obey them," and "schools have a right to set their curriculums."

All of which come apart at the seams with the slightest tugging of thread. Before trying to rationalize the action, ponder what its most obvious purpose - or result - is. Hang a list on a wall that starts with four Commandments regarding belief and subjugation to one God above all others, and you tell anyone who’s not already of that faith, “we are right, you are wrong, and we are in charge.”

I first addressed this matter eleven years ago and brought it here to Substack about a year and a half ago, so rather than repeat the arguments, I re-offer my original analysis:

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For today's follow-up, I would ask all those who like Louisiana's mandate and support the idea of posting the Ten Commandments in public (aka taxpayer-funded) schools, 'how would you feel if instead of the Ten Commandments, a state mandated the Five Pillars of Islam?

Or the Hindu Manusmriti?

Or the Ten Precepts of Buddhism?

Or the doctrines of Mormonism?

Or the Seven Fundamental Tenets of the Satanic Temple?

Or the Pastafarian Tenets of the Church of the Flying Spaghetti Monster?

There is some amount of wisdom and good life advice to be found in all of them, and some of them make no declarations as to a Creator that must be worshiped.

If any of those make you uncomfortable, but you still believe that 10C belong on public classroom walls, you're asserting or admitting - overtly or tacitly - that you believe Christianity should be set as the prime religion in America.

And that is exactly what the Establishment Clause rejects.

Want to teach your kids religion? Do so at home, or send them to private, religious schools, or have them attend Sunday School or the equivalent. Your kids, your right, no matter what I or anyone else thinks of your beliefs, as long as you don't cross certain lines (e.g. physical harm). Heck, I'm even for vouchered primary education school choice that includes private and religious schools (see, the Nordic Model). But, don't use the government to subject others to your religion or your beliefs.

Some have suggested this Louisiana law may be a "stunt" intended to prompt the courts or the Court to challenge the Lemon Test, a Supreme Court precedent related to the Establishment Clause, or to upend the precedents that debar such displays. But, again, I ask, what’s the purpose of such a display, other than to violate the premise of a secular nation committed to religious freedom?