by Jorge Gomez • 3 minutes
This week, First Liberty Senior Counsel Stephanie Taub testified before the Arkansas Legislature in favor of SB 433. The bill would require displaying the Ten Commandments and the national motto, “In God We Trust,” in public schools, colleges and government buildings.
“We believe that if this bill is challenged in court, courts will ultimately conclude that posting the 10 Commandments is constitutional and consistent with history and tradition,” Stephanie told the State Agencies and Government Affairs Committee. “The Supreme Court has already noted in the American Legion case that the Ten Commandments have ‘historical significance as one of the foundations of our legal system.'”
You can watch Stephanie’s full testimony here.
First Liberty’s landmark Supreme Court victories for Coach Joe Kennedy and the Bladensburg Peace Cross made it clear that religious expression and imagery on public property is constitutional and consistent with our nation’s history and tradition.
In Kennedy v. Bremerton School District, the Court eliminated the Lemon Test, a legal precedent that stifled religious freedom for decades. With that precedent now gone, other cases grounded in Lemon’s framework are no longer controlling, such as Stone v. Graham, a 5-4 decision that banished the Ten Commandments from schools.
“The U.S. Supreme Court has held repeatedly throughout history that not everything is an establishment of religion,” said state Sen. Jim Dotson, the bill’s sponsor. “From the state to the federal level all throughout our history, it is a historical reference point or historical document that has basic things like you shall not kill, steal, commit adultery, those basic foundations of life that is good for everybody to keep front of mind, so that we are hopefully living good lives.”
First Liberty is fighting a major case to stop several radical groups who are attacking the Ten Commandments monument located outside the Arkansas State Capitol. We’re defending the monument as co-counsel with the Arkansas Office of the Attorney General.
In 2015 the Arkansas State Legislature authorized the placement of the donated monument on the Capitol grounds. Less than 24 hours after it was erected in 2017, a man ran over it with his pickup truck and destroyed it. The replacement monument was placed in 2018.
Despite a Supreme Court opinion concluding that a similar Ten Commandments display is constitutional, the Satanic Temple, Freedom from Religion Foundation, American Humanist Association and the Arkansas Society of Freethinkers sued and challenged the display.
We argued the case in federal district court, explaining that the Constitution and established legal precedent affirm that the monument should remain. We’re waiting for the court to issue a decision.
Radical groups often argue that religious expression on public property is “coercive” or “forcing religion onto others.” But that’s simply not the case.
To be clear, government should not and cannot coerce any citizen regarding religion. But it also cannot and should not inhibit religious freedom and expression. Nor need it banish monuments or displays that have important historical significance simply because they may also have religious significance.
Not every citizen in our country is religious or of the same faith tradition. While we have different beliefs, this does not mean that government can hide the religious parts of our history and heritage. Doing so is discriminatory and runs afoul to what religious liberty is about.
Displaying the Ten Commandments in public spaces—whether it’s in our schools or state capitols—benefits everyone because it reminds us of the foundations on which our country is built. Public displays of faith and religion are a part of our history and tradition. They embody the best of America’s ideals and our founding principles.
Religious Freedom is Being Restored, But the Battle Isn’t Over
Thanks to our Supreme Court victories, we’ve opened up great opportunities to restore faith across America. We’re just at the beginning of some huge legal battles about the future of our freedoms.
Our opponents are already challenging and working relentlessly to stop the Ten Commandments, In God We Trust or other historic, religious messages from being restored on public land. Many of these groups are incredibly well-funded—with millions of dollars at their disposal to fight in court.
That’s why we need your continued support. Your gift is essential in this fight—it’s the difference maker that will help us win more cases and continue changing the future of our country.
Please give to First Liberty today.
READ MORE:
Ten Commandments Monument Will Return to Kentucky State Capitol
Texas Senate Passes Bill Requiring Display of Ten Commandments in Public Schools
Wyoming Becomes 29th State to Pass a Religious Freedom Restoration Act
Multiple States Consider Bills to Restore Public Religious Expression
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