HB1006: Ten Commandments in each classroom

Not even 10 years ago, a Ten Commandments monument that was erected on the grounds of the Oklahoma State Capitol and was soon thereafter removed. With a crane. For $4,700! It was HUGE! Our Oklahoma State Supreme Court (correctly) decided the religious display violated our own state Constitution (Article II, Section 5) – notwithstanding any violation of the United States Constitution. Yet, that doesn’t stop yet another legislative bill from being proposed to require a Ten Commandments poster in each public school classroom.

This is a classic example of the government promoting a particular religion to children who are legally required to go to school.

What this bill proposes:

By the start of school in August 2025, each public school classroom would be required to have a framed poster of the Ten Commandments. Also, let’s make it BIG! 16×20 inches in dimension at least. I’m surprised the bill doesn’t propose to put it in cursive for funsies. There is some other language about sharing posters between school districts as if there is surplus funds to have an excess of posters.

Oh, and this bill asserts this is an EMERGENCY! That means this bill is necessary to preserve public peace, health, and safety.

Why is it a bad idea?

#1 The government’s promotion of one religion is not only illegal, but is straight up unconstitutional.

Frankly, I’m tired of it. We have seen this bill so many times before. And why? And to what end? The Oklahoma Constitution hasn’t changed; neither has the United States Constitution. It’s literally as if folks think that changing out judges will change out opinions. In fact, that is the theory behind the push to change how our state’s highest court’s judges are selected. But that is for another day…

Yes, I know the Lemon test has been overturned by SCOTUS. That was a shock to school attorneys across the nation. Perhaps this is why the “well-settled” religious promotions are making a come-back in state legislatures. There is a hope the SCOTUS will further eliminate the separation of church and state. And why shouldn’t Oklahoma be the state to do it?! I love this state for many things, but ignoring well-settled law is not one of them.

#2 It violates our own state law on Religious Freedoms and Parental Rights.

I wish I could say it’s unusual for a legislator to propose a bill that conflicts with current state law. Simply put, it happens all of the time. But it makes for fun legal discussion trying to navigate laws that conflict with each other.

Our current state law prohibits the government from burdening a person’s free exercise of religion. To lady-lawyer-splain, that means that promoting one religion hinders the exercise of another religion. By putting up a poster like this, that seems to suggest that this religious text is more important than all of the others. And, let’s also remember, the audience includes kiddos who are 4 – 18 years old.

Speaking of kiddos, this proposed legislative bill violates another state law on the Parent Bill of Rights granting parents the right to “direct the moral and religious training of the minor child.”

And finally, this proposed bill conflicts with other state law (21 O.S. section 2101) on the Ten Commandments. It’s only a matter of time before our State Attorney General weighs in.

#3 Teachers should get freedom to decorate their classrooms in a way that doesn’t promote or inhibit religion.

It is expected that a law requiring such a religious display will be used to also require the display of other religious texts that aren’t Christian-based. That is how this works. Pretty soon, the classrooms in our state will be filled with religious posters and sayings rather than with academic sayings. Will there even be room anymore for “Hang in There” poster of the kitten holding onto the rope with exacerbation?!

What to Expect:

This will be an interesting bill to watch. And it will be popular. But, is it legal? No. And since it doesn’t seem viable at the outset, it seems like a big waste of taxpayer resources to keep doing this dance. In fact, it is rumored the author anticipates it will be challenged in court and welcomes it. Cool. If only our focus was on promoting academic success and not using our school classrooms as a legal battleground.