BAKERSFIELD, Calif. (KERO) — Legal and constitutional debates arise as the Kern County Board of Education considers a proposal to display the Ten Commandments in public schools.
- A proposal to display the Ten Commandments in Kern County public schools is under consideration.
- The Freedom From Religion Foundation (FFRF) has urged the board to reject this proposal, citing legal conflicts.
- FFRF has previously won lawsuits to remove Ten Commandments displays in Pennsylvania schools.
- The National Association of Christian Lawmakers (NACL) argues that such displays are now constitutional.
- The Kern County Board of Education trustees will discuss the proposal further at the next meeting on January 14th.
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BROADCAST TRANSCRIPT:
The controversy over the possible posting of the Ten Commandments in public schools continues. Now, one group is warning they may sue the district if it approves posting the Ten Commandments in public schools.
Many community members voiced their opinions at the last school board meeting, claiming that posting the Ten Commandments violates the separation of church and state. A group called the Freedom From Religion Foundation sent a letter to the Kern County Public School Board of Education urging the board not to vote to post the Ten Commandments in public schools, saying it is unconstitutional.
Chris Line, is a Legal Counsel at Freedom From Religion Foundation and he says, "In 1980, in a case called Stone v. Graham, the Supreme Court definitely ruled that putting the Ten Commandments in classrooms is unconstitutional. So, this is a clear precedent from the Supreme Court. This issue has already been litigated and resolved—you cannot be displaying the Ten Commandments in every school classroom."
However, another group, the National Association of Christian Lawmakers, says that posting the Ten Commandments is constitutional. Jason Rapert, is the Founder and President of National Association of Christian Lawmakers and he says, "According to the United States Supreme Court in 2022, yes, you can post Ten Commandments in public school classrooms. You can have national model posters that say 'In God We Trust,' and you can even have a monument on the school grounds if they want to put one up."
According to the Freedom From Religion Foundation, they say they will talk with parents and community members about what their options may be if the school board approves the postings. "We're no strangers at FFRF to suing over the Ten Commandments. Back in 2015, we sued over two Ten Commandments monuments in Pennsylvania, winning both cases. In the end, both of those school districts were required to remove those displays and pay our attorney fees." Line said.
The National Association of Christian Lawmakers says the Lemon Test, a legal doctrine that determines when laws or practices violate the First Amendment, no longer applies."So, the bottom line with that Lemon Test being gone is that you can put up Ten Commandments posters or Ten Commandments monuments in public buildings and on public grounds without any barrier whatsoever." Rapert said.
But a statement from Rob Meszaros, spokesperson for the Kern County Schools Office, also points to the separation of church and state. It reads: "The U.S. Constitution, State Constitution, and a plethora of case law are clear on the separation of church and state. This is an important distinction. No, the county board of education has no jurisdiction over any of the school districts in the county. School districts are governed by their own elected trustees. If the county board chose to pass a policy in the future allowing the Ten Commandments to be displayed, it would only apply to KCSoS's community schools, which our board governs."
For now, there appears to be no end soon to the ongoing controversy, as both sides are digging in. The next school board meeting will be on January 14th.
The National Association of Christian Lawmakers website
The Freedom From Religion Foundation website
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