No Hamilton County student will be hurt by the posting of the Ten Commandments in district schools, but the school district likely opened itself to litigation when school board members voted to move forward Thursday on posting the biblical laws in public schools and public charter schools alongside the Declaration of Independence and United States Constitution.
To be sure, per Tennessee law, the district is in its right to do so. The state legislature approved a bill that authorizes such a display earlier this year, and the law became effective July 1. To date, Blount County, Rutherford County, Washington County, White County and Wilson County also have approved such displays.
However, the American Civil Liberties Union of Tennessee, Americans United for Separation of Church and State and the Freedom From Religion Foundation already are sniffing around the prior county approvals and have sought all public records and communications about them. Look for them to do the same with Hamilton County’s debate.
“Forcing biblical scripture on public-school children violates families’ religious freedom,” the state ACLU said in seeking the public record. “Families and faith communities, not the government, get to decide what role religious doctrine and belief play in their lives. We are committed to protecting students’ and parents’ constitutional rights and are launching an investigation of every school district that foolishly accepts the state’s invitation to trample those rights. We urge families who will be affected by these religious displays to contact our organizations.”
The bill allows but does not require school boards to permit the displays, and that may be a key to any future litigation. It also doesn’t tell them how and where in the schools they must be displayed.