Ten Commandments could be in schools but not read aloud. Legislation advances

Legislation that would have required public schools to post the Ten Commandments in classrooms passed out of committee on Tuesday, but not before being changed drastically. 

House Bill 1086 was changed after its author, Rep. Michelle Davis (R-Whiteland) passed an amendment that no longer requires the Ten Commandments to be posted in schools, but does include it in the list of “protected writings” in Indiana code. 

The bill now also states that principals and teachers are not allowed to read the Ten Commandments aloud when students are present. 

However, the bill language does still allow principals or teachers to post the Ten Commandments in school buildings or classrooms if they wish. 

The bill passed along party lines on a 8-3 vote. 

Davis said she supports the bill, even in its changed form, because she believes children today have “lost their way” and sees the Ten Commandments as providing some moral guidance. 

“We have a lot of violence going on, I work in an education system, so we have a lot of kids who don’t understand authority, who don't respect authority, so I feel like this is a good start to help them understand personal responsibility,” Davis said after the committee meeting on Tuesday. 

Davis said she decided to change the bill to its current form after hearing back from constituents. 

A few other states, like Texas and Louisiana, have also attempted to pass legislation in recent years requiring the posting of the Ten Commandments in schools, but they have since been blocked from taking effect due to ongoing lawsuits.

The Louisiana case was recently heard in a federal appeals court, but lawyers for Louisiana have already said if they don’t win, they will appeal to the U.S. Supreme Court.

Other ‘protected writings’

The bill would add the Ten Commandments to a list of “protected writing” that can be posted in a school building or classroom. The documents include:

• The U.S. Constitution
• The Pledge of Allegiance
• The Constitution of Indiana
• The Declaration of Independence
• The Federalist Papers
• The national anthem

Other speakers who testified against the bill, like Rev. Timothy McNinch, an assistant professor at Christian Theological Seminary in Indianapolis, argued that by allowing the Ten Commandments to be displayed doesn’t facilitate discussion to happen in schools on its meaning and won’t achieve the desired educational effect that Davis is hoping to reach.

McNinch argues that it could instead alienate students who may worship different faiths.

“It signals that real Hoosiers are religious and are Christian, and that those who opt to be unreligious or belong to different faiths are less valued in our state,” McNinch said during testimony on the bill. 

Concerns about the bill violating the First Amendment’s Establishment Clause were also raised by Samantha Bresnahan, senior policy specialist at ACLU of Indiana.

Bresnahan said that current law already allows for students to engage in religious exercises or expression during noninstructional time in schools but that this bill verges into coercive pressure from the state on adopting certain religious beliefs.

“Religious freedom is best protected when belief is chosen freely, not directed by the government,” Bresnahan said. 

Those who spoke in favor of the bill, like Ryan McCann, executive director of the Indiana Family Institute, pointed out that other government buildings like the U.S. Supreme Court and the Library of Congress also have depictions of the Ten Commandments.

“They're really the basis of morality and understanding that we have in our country of just a basic morality and understanding of how to live together as citizens,” McCann said during committee testimony. 

The bill now heads to the full House. 

Contact government reporter Caroline Beck at cbeck@wfyi.org.