Louisiana Republicans assume that Supreme Court will nullify the Establishment Clause
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One of the worst state legislatures in the country had made it a priority to thumb its nose at the federal Constitution:
Louisiana is poised to become the first state requiring display of the Ten Commandments at all schools that receive public funding, including colleges and universities.
The big picture: Lawmakers in other states, like Texas, South Carolina and Utah have recently attempted similar legislation, but none have yet passed any as stringent as Louisiana appears likely to approve.
The efforts to require the Ten Commandment displays began after Supreme Court rulings in cases like Kennedy v. Bremerton School District indicated a looser interpretation of the Constitution’s Establishment Clause. That clause prevents state-sponsored religion.
Flashback: The U.S. Supreme Court found a Ten Commandments display requirement unconstitutional in a 1980 ruling on a Kentucky case.
Zoom in: The Louisiana bill, HB71, was authored by Rep. Dodie Horton (R-Bossier), whose 2023 bill requiring the words “In God We Trust” be posted in every classroom also became law.
The new bill requires the text of the Ten Commandments be printed on a poster no smaller than 11 inches by 14 inches and that the words be “the central focus” of the document.
Given that the Court’s Republicans have been willing to literally lie about the facts of the case to allow state schools to force religious messages on students, the assumption of Louisiana legislators that the Court will continue to nullify the Establishment Clause has considerable foundation.