Louisiana’s ‘In God We Trust’ law tests limits of religion in public … – American Press
Published 1:28 pm Friday, November 10, 2023
By Frank S. Ravitch
When Louisiana passed a law in August 2023 requiring public schools to post In God We Trust in every classroom from elementary school to college the author of the bill claimedto be following a long-held tradition of displaying thenational motto, most notably on U.S. currency.
But even under recent Supreme Court precedents, the Louisiana law may violate theestablishment clause of the First Amendment, which prohibits the government from promoting religion. I make this observation as one who has researched andwritten extensively on issues of religionin the public schools.
The Louisiana law specifies that the motto shall be displayed on a poster or framed document that is at least 11 inches by 14 inches. The motto shall be the central focus and shall be printed in a large, easily readable font. The law also states that teachers should instruct students about the phrase as a way of teaching patriotic customs.
Similar bills are being promoted by groups like theCongressional Prayer Caucus Foundation, a nonprofit that supports members of Congress who meet regularly todefend the role of prayer in government. To date, 26 states have considered bills requiring public schools to display the national motto. Seven states, including Louisiana,have passed lawsin this regard.
Recent shift in the law
The Supreme Court has long treated public schools as an area where government-promoted religious messaging is unconstitutional under the First Amendmentsestablishment clause. For example, the Supreme Court held in1962,1963,1992and2000that prayer in public schools is unconstitutional either because it favored or endorsed religion or because it created coercive pressure to religiously conform. In1980, the court also struck down a Kentucky law requiring the Ten Commandments to be posted in classrooms.
At the same time, the court has protected private religious expression for individual students and teachers in public schools.
The Louisiana law comes at a time ofrising concerns about Christian nationalismand on the heels of a pivotal court case. In the 2022 caseKennedy v. Bremerton School District, the court overturned more than 60 years of precedent when it ruled that a public school football coachs on-field, postgame prayer did not violate the establishment clause. In doing so, the court rejected long-standing legal tests, holding instead that courts should look tohistory and tradition.
The problem with using history and tradition as a broad test is that it can change from one context to the next. People including lawmakers are apt to ignore the negative and troubling lessons of U.S. religious history. Prior to the Kennedy decision, history and tradition were used by a majority of the court to decide establishment clause cases only in specific contexts, such aslegislative prayerandwar memorials.
Now, states like Louisiana are trying to use history and tradition to bring religion into public school classrooms.
A history of In God We Trust
Contrary to what people often assume, the phrase In God We Trust has not always been the national motto. Itfirst appeared on coinsin 1864, during the Civil War, and in the following decades it sparked controversy. In 1907, President Theodore Roosevelt urged Congress todrop the phrase from new coins, saying it does positive harm, and is in effect irreverence, which comes dangerously close to sacrilege.
In 1956, amid the Cold War, In God we Trust became the national motto. The phrase first appeared on paper money the next year. It was a time of significant fear about communism and the Soviet Union, and atheism was viewed as part of the communist threat. Atheists weresubject to persecutionduring theRed Scareand afterward.
Since then, the motto has stuck. Over the years,legal challengesattempting to remove the phrase from money have failed. Courts have generally understood the term as a form ofceremonial deism or civic religion, meaning religious practices or expressions that are viewed as being merely customary cultural practices.
The future of the law
Even after the Kennedy ruling, the Louisiana law may still be unconstitutional because students are a captive audience in the classroom. Therefore, the mandate to hang the national motto in classrooms could be interpreted as a form of religious coercion.
But because the law requires a display rather than a religious exercise like school prayer, it may not violate what has come to be known as theindirect coercion test. This test prevents the government from conducting a formal religious exercise that places strong social or peer pressure on students to participate.
The outcome of any constitutional challenge to the Louisiana law is far from clear. Prior cases involving the Pledge of Allegiance offer one example. Though the Supreme Court dismissed on standing grounds theonly establishment clause challenge to the pledgeit has considered, lower courts have held that reciting the pledge in schools is constitutional for a variety of reasons.
These reasons include the idea that it is a form ofceremonial deismand the fact that since 1943 students have beenexempt from having to say the pledgeif it violates their faith to do so.
The Louisiana law, however, requires instruction about the national motto.
If the law is challenged in court and upheld, teachers could teach that the motto was adopted when the nation was emerging fromMcCarthyismand fear of communism was widespread. Moreover, they could teach that many people of faith throughout U.S. history would have viewed this sort of display as against U.S. ideals.
Division is likely
More than two centuries before Roosevelt argued that it was sacrilegious to put In God We Trust on coins, the Puritan minister and Colonist Roger Williams famously proclaimed that forced worship stinks in Gods nostrils. Williams founded the colony of Rhode Island, at least in part, to promote religious freedom.
Additionally, there is no prohibition on alternative designs for the national motto posters as long as the motto is the central focus of the poster. In Texas, a parent donated rainbow-colored In God We Trust signs and others written in Arabic, which were subsequentlyrejected by a local school board. This situation, which gained significant media attention, brought the exclusionary impact of these lawsinto public view.
It could be argued that accepting wall hangings that favor Christocentric viewpoints and rejecting those that reflect other religions or add symbols such as the rainbow isreligious discrimination by government. If so, schools might be required to post alternative motto designs that meet the letter of the new law in order to uphold free speech rights and prevent religious discrimination.
The Louisiana law would have been brazenly unconstitutional just two years ago. But after the Kennedy decision, the law may survive a potential legal challenge. Even if it does, one thing is for certain: It will be divisive.
The Conversationis an independent and nonprofit source of news, analysis and commentary from academic experts. The Conversation is wholly responsible for the content.
Read the original here:
Louisiana's 'In God We Trust' law tests limits of religion in public ... - American Press
- Bill to teach Texas kids the dangers of communism but not fascism OK'd by House - WOAI - May 22nd, 2025 [May 22nd, 2025]
- Bill to teach Texas kids the dangers of communism but not fascism OK'd by House - The Texas Tribune - May 22nd, 2025 [May 22nd, 2025]
- Poland: Don Streich, another victim of communism, will be beatified - Exaudi - May 22nd, 2025 [May 22nd, 2025]
- Can degrowth communism save the world? - resilience.org - May 19th, 2025 [May 19th, 2025]
- "You blocked the system": A Cuban asks a robot with artificial intelligence when communism will fall in Cuba, and this is what it said -... - May 19th, 2025 [May 19th, 2025]
- Joint statement by the KKE, AKEL, PCP and KSM in the European Parliament against anti-communist initiative - In Defense of Communism - May 17th, 2025 [May 17th, 2025]
- The Pope Who Foresaw the Horrors of Communism - RealClearMarkets - May 17th, 2025 [May 17th, 2025]
- Communist Party of Turkey: NATO Foreign Ministers are unwelcome in Antalya! - In Defense of Communism - May 17th, 2025 [May 17th, 2025]
- East vs west? Romanias biggest vote since the fall of communism - Channel 4 - May 17th, 2025 [May 17th, 2025]
- Nazi collaborator's name initially engraved on the Victims of Communism memorial - Yahoo News Canada - May 17th, 2025 [May 17th, 2025]
- Communist Party of Turkey on the dissolution of the Kurdish PKK group - In Defense of Communism - May 17th, 2025 [May 17th, 2025]
- 80th anniversary of the Anti-Fascist Victory: When the Communists saved humanity from the Nazi monster - In Defense of Communism - May 11th, 2025 [May 11th, 2025]
- Communist Party of Pakistan: Down with chauvinism and war hysteria, long live proletarian internationalism - In Defense of Communism - May 11th, 2025 [May 11th, 2025]
- Shen Yun brings 'China Before Communism' to Proctors Theater for two-night performance - WRGB - April 23rd, 2025 [April 23rd, 2025]
- BBC accused of giving children 'dishonest' view of communism after failing to mention mass killings - GB News - April 23rd, 2025 [April 23rd, 2025]
- FSU Shooting Suspect Was Forced to Leave Political Club After Insisting Communism Was 'Ruining America', Student Says - Latin Times - April 23rd, 2025 [April 23rd, 2025]
- Blushing Bolsheviks! Not even fathers of Soviet communism did what Colorado may do to parents by sanctifying transgenderism - Read Lion - April 23rd, 2025 [April 23rd, 2025]
- Blushing Bolsheviks! Not even fathers of Soviet communism did what Colorado may do to parents by sanctifying transgenderism - The Heartlander - April 23rd, 2025 [April 23rd, 2025]
- Partisans for Peace: On the 80th anniversary of Italy's liberation - Against rearmament and imperialist war - In Defense of Communism - April 16th, 2025 [April 16th, 2025]
- 'Red Scare' revisits the fear of Communism that gripped post-WWII America - KNAU Arizona Public Radio - March 18th, 2025 [March 18th, 2025]
- Republican U.S. Senators Introduce Bill to Teach Students the Dangers of Communism - Sierra Sun Times - March 18th, 2025 [March 18th, 2025]
- A bill in the U.S. seeks to teach the dangers of communism in schools - CiberCuba - March 18th, 2025 [March 18th, 2025]
- Letter to the editor: What happened to being anti-Communism? - Pierce County Journal - March 18th, 2025 [March 18th, 2025]
- Beyond The Iron Curtain: How Polish Posters Subverted Hollywood Under Communism - Deadline - March 13th, 2025 [March 13th, 2025]
- Linda Rama: This is what the world can learn from the fall of communism - MSNBC - March 13th, 2025 [March 13th, 2025]
- Christian training center in northern China amid communism, Islam, and poverty - Mission Network News - February 27th, 2025 [February 27th, 2025]
- Gulys: Remembering victims of communism is both a task and a duty - Budapest Times - February 27th, 2025 [February 27th, 2025]
- Love and Torture The Stories of Russian Women Who Married Albanians During Communism - Euronews Albania - February 27th, 2025 [February 27th, 2025]
- Communist Knesset member Cassif: "They are trying to silence us, theres a fascist atmosphere in Israel" - In Defense of Communism - February 27th, 2025 [February 27th, 2025]
- It allowed us to survive, to not go mad: the CIA book smuggling operation that helped bring down communism - The Guardian - February 23rd, 2025 [February 23rd, 2025]
- Nazism, Fascism, And Communism: Warring Sons To A Common Father OpEd - Eurasia Review - February 23rd, 2025 [February 23rd, 2025]
- State Capitol news in brief: Communism lesson bill goes to Sanders | Senate to convene despite icy weather - Arkansas Online - February 23rd, 2025 [February 23rd, 2025]
- USAID was created to counter communism, but came to a nearly opposite agenda - The Times and Democrat - February 23rd, 2025 [February 23rd, 2025]
- My Dear Mother, The Last Divorce of Communism, Von Fock Tease New Chapter for Baltic TV Shows: Culturally Specific and Universally Relevant - AOL - February 23rd, 2025 [February 23rd, 2025]
- Canada: Marxist School 2025 studying the pillars of communism to prepare for turbulent times - In Defence of Marxism - February 23rd, 2025 [February 23rd, 2025]
- Cottons new book on China aims to ring the alarm bell on Taiwan and communism - coloradopolitics.com - February 23rd, 2025 [February 23rd, 2025]
- Sean McMeekin: Don't Whitewash the History of Communism - Reason - February 14th, 2025 [February 14th, 2025]
- Don't Whitewash the History of Communism - RealClearPolicy - February 14th, 2025 [February 14th, 2025]
- The Socialist State in Latvia: From the revolutionary triumph to the drama of dissolution - In Defense of Communism - February 14th, 2025 [February 14th, 2025]
- Nothing says 'communism' like this $165 poverty-chic plastic bag based on Disco Elysium, aka 'the level of greed that they talk about in the Bible' -... - February 7th, 2025 [February 7th, 2025]
- Texas Audience Delighted to See Universal Beliefs in China Before Communism Through Shen Yun - NTD - February 7th, 2025 [February 7th, 2025]
- Communist Workers Platform USA: The Class Struggle in America and the Communist Strategy - In Defense of Communism - February 7th, 2025 [February 7th, 2025]
- Communist Party of Turkey: Ahmed Al-Shara is an ISIS remnant and a war criminal - In Defense of Communism - February 7th, 2025 [February 7th, 2025]
- Vietnam's Communist Party marks 95th anniversary - In Defense of Communism - February 7th, 2025 [February 7th, 2025]
- The Beauty of China Before Communism Was Eye-Opening, Says Houston Theatergoer - NTD - February 3rd, 2025 [February 3rd, 2025]
- Pastor Delighted to See Shen Yun Express Love for Traditional Ways Before Communism - NTD - January 27th, 2025 [January 27th, 2025]
- KKE's leader Koutsoumbas on the 80th anniversary of the liberation of Auschwitz by the Red Army - In Defense of Communism - January 27th, 2025 [January 27th, 2025]
- Elon Musk and the Dictatorship of the Capital - In Defense of Communism - January 27th, 2025 [January 27th, 2025]
- Another shameful anticommunist resolution of the European Parliament, full of unhistorical references - In Defense of Communism - January 27th, 2025 [January 27th, 2025]
- Education panel backs expansion of tuition waivers for guardsmen, voices concern over bill to teach perils of communism - Northwest Arkansas... - January 26th, 2025 [January 26th, 2025]
- Gaza: By whatever name you call It Is Genocide! - In Defense of Communism - January 26th, 2025 [January 26th, 2025]
- Eduard Kuznetsov, Soviet dissident whose death sentence exposed the plight of Jews under communism - Yahoo! Voices - January 1st, 2025 [January 1st, 2025]
- The International Communist Movement at a critical crossroads: The necessity of revolutionary regroupment - In Defense of Communism - January 1st, 2025 [January 1st, 2025]
- 66th anniversary of the Cuban Revolution: Statement by the European Communist Action - In Defense of Communism - January 1st, 2025 [January 1st, 2025]
- Celebrating the Centenary of Communist Movement in India: Uphold the Banner of Communism in the Struggle against Fascism - Communist Party of India... - January 1st, 2025 [January 1st, 2025]
- Eduard Kuznetsov, Soviet dissident whose death sentence exposed the plight of Jews under communism - The Telegraph - January 1st, 2025 [January 1st, 2025]
- Book Review: Marx in the Anthropocene: Towards the Idea of Degrowth Communism - Information Technology and Innovation Foundation - December 22nd, 2024 [December 22nd, 2024]
- Hoover Acquires Oral Histories on the Fall of Communism - Hoover Institution - December 22nd, 2024 [December 22nd, 2024]
- Dusty Johnson believes TikTok ban necessary to fight communism - KOTA - December 22nd, 2024 [December 22nd, 2024]
- Communism, Despite Its Defeat in the Cold War, Is Having a Moment in America Right Now - The New York Sun - December 22nd, 2024 [December 22nd, 2024]
- The 22nd Congress of the Portuguese Communist Party concludes successfully - In Defense of Communism - December 22nd, 2024 [December 22nd, 2024]
- Russians honor Stalin's 145th birth anniversary - In Defense of Communism - December 22nd, 2024 [December 22nd, 2024]
- Names to be added to controversial Victims of Communism memorial next year, says organizer - Ottawa Citizen - December 16th, 2024 [December 16th, 2024]
- Sweden: Communism & Revolution the Revolutionary Communist Party has never been stronger! - In Defence of Marxism - December 16th, 2024 [December 16th, 2024]
- The history of communism in Romania will be studied in high school - Romania Journal - December 16th, 2024 [December 16th, 2024]
- Communist Party of Venezuela denounces PSUVs dirty war to criminalize the struggle for constitutional rights - In Defense of Communism - December 16th, 2024 [December 16th, 2024]
- How the Virgin Mary sparked a conflict between communism and Catholicism - MSN - December 16th, 2024 [December 16th, 2024]
- Education bill on communism history moves forward in US Congress - Ukrainian World Congress - December 12th, 2024 [December 12th, 2024]
- Arkansas House bill would require teaching of the perils of communism in schools - KNWA - December 12th, 2024 [December 12th, 2024]
- Johnson Votes to Educate Students on the Dangers of Communism - Mitchell Now - - December 12th, 2024 [December 12th, 2024]
- House GOP Passes Bill to Help Educate High Schoolers on the Evils of Communism - The Maine Wire - December 12th, 2024 [December 12th, 2024]
- Kolga: Victims of Communism memorial those who suffered won't be forgotten - Ottawa Citizen - December 12th, 2024 [December 12th, 2024]
- House Overwhelmingly Passes Crucial Communism Teaching Act - NTD - December 12th, 2024 [December 12th, 2024]
- U.S. House of Representatives Passes Companion Legislation to U.S. Senator John Kennedys Crucial Communism Teaching Act Says, The Bill Would Help... - December 12th, 2024 [December 12th, 2024]
- Its a Major Failing That the Horrors of Communism Are Not Taught in Schools: James Bartholomew - NTD - December 12th, 2024 [December 12th, 2024]
- Kolga: Victims of Communism memorial those who suffered won't be forgotten - MSN - December 12th, 2024 [December 12th, 2024]
- Media Advisory - Inauguration of the Memorial to the Victims of Communism - Canada, a Land of Refuge - Barchart - December 12th, 2024 [December 12th, 2024]
- Communist Parties react to the developments in Syria and the fall of al-Assad Government - In Defense of Communism - December 12th, 2024 [December 12th, 2024]
- European Communist Action marks one year of activity - In Defense of Communism - December 12th, 2024 [December 12th, 2024]
- What the People Say: Should Schools Teach the Dark History of Communism? - NTD - December 4th, 2024 [December 4th, 2024]