OSBA Today

Ten Commandments in Schools: Why Courts Are Reaching Opposite Conclusions


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Can a state require every public school classroom to display the Ten Commandments?

Federal courts are currently answering that question in different ways, and the disagreement could eventually reach the U.S. Supreme Court.

In this episode of Legal Ledger Sidebar, OSBA attorneys Sara Clark and Jennie Hardin break down recent court decisions from Texas, Louisiana and Arkansas involving laws requiring the Ten Commandments to be displayed in public school classrooms. They explain how the Supreme Court's decision in Kennedy v. Bremerton changed the legal framework for church-state cases, why courts are now focused on "history and tradition," and how two courts reviewing nearly identical issues reached opposite conclusions.

The discussion also explores:
• The end of the Lemon test.
• The role of Stone v. Graham in modern court decisions.
• What lawyers mean by a "circuit split."
• Whether the U.S. Supreme Court could eventually weigh in.
• Why Ohio school leaders should pay attention, even though Ohio does not currently have a similar law.

Legal Ledger Sidebar is a podcast from the Ohio School Boards Association that examines legal developments affecting public education and school governance.

For more resources, training and advocacy updates from the Ohio School Boards Association, visit ohioschoolboards.org.

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