LOUISVILLE, Ky. — Decades have passed since Anne Long, now 82, remembers spotting the Ten Commandments displayed in her childhood school. Back then, it was a faint, overlooked piece of decor, but it would later spark a legal battle that reached the U.S. Supreme duplicated by a recent law in Louisiana, stirring concerns about the blurring lines between Church and State.
In 1978, Kentucky mandated the display of the Ten Commandments in public classrooms, a move that led Long’s mother, Anne Bowers, and three other Louisville residents to sue the state, arguing the law violated the Constitution. Their case, which emphasized the commandments’ lack of secular purpose, culminated in the Supreme Court’s 1980 decision in Stone v. Graham, striking down the mandate.
Fast forward over four decades, and Louisiana has enacted a nearly identical statute, becoming the first state to require the Ten Commandments in public schools since the 1980 ruling. This development has prompted a new lawsuit by nine plaintiffs, asserting the law infringes on parents’ rights and tests a changed legal landscape shaped by a more conservative Supreme Court.
According to Long, the resurgence of such legal battles is unsurprising given the current political climate, but the principle, she asserts, remains clear: “You want religion to be free from the government, just as you want the government to be free from religion.”
Critics of the revived debate express their frustration and disbelief, pointing to historical precedents that they believe should have settled the matter. Vivian Stone-Taylor, whose grandmother was one of the original plaintiffs alongside Long’s mother in the Kentucky case, emphasizes the cyclical nature of the issue. “Open up a history book. This has already made it all the way to the Supreme Court,” she said.
The Louisiana plaintiffs reflect a diverse group similar to the 1980 challenge, ranging from an atheist Republican to a devout Catholic school teacher, demonstrating the wide-reaching concern over the law’s implications.
As the Louisiana case unfolds, parallels with the past are striking. The Kentucky law attempted to circumnavigate legal challenges by requiring that the displays be funded by donations, not taxpayer money. This provision closely mirrors that of the Louisiana statute, along with a statement positioning the Ten Commandments as foundational to Western legal codes.
Marvin Coan, part of the legal team for the Kentucky case, recalls the challenges they faced, from lower court defeats to personal harassment of plaintiffs. He detailed how their perseverance led to the Supreme Court’s swift and decisive reversal of the lower court’s decisions, a testament to the clear constitutional guidelines at the time.
Legal observers, however, note a shift in the judicial approach to such cases. Recent rulings suggest a departure from the principles set in the 1980s, potentially foreshadowing a different outcome for the Louisiana law. Law professor Steven Smith notes that the Supreme Court’s current orientation might favor a more tradition-based interpretation, diverging from the previously applied Lemon test, which assessed laws for secular purpose and excessive government entanglement with religion.
Yet Coan remains hopeful, trusting in the enduring wisdom of the earlier decision. “I might be in the minority. But I don’t think the court will go there,” he said. “I have confidence that common sense is going to prevail.”
As the nation watches closely, the Louisiana case could either reaffirm longstanding legal standards or chart a new course, influencing the landscape of religious expression and government involvement in education. The overarching question remains: will history indeed repeat itself, or will a new chapter in constitutional jurisprudence be written?