Louisiana just passed a law requiring public schools to display the Ten Commandments in classrooms. The Supreme Court rejected a similar Kentucky law in 1980. But this isn’t 1980, and a law that flies in the face of the Constitution and precedent isn’t necessarily doomed if it reaches the high court. The American Civil Liberties Union said it will challenge the law, so we may soon learn where the Roberts Court stands on a contentious issue of religion and government.
In dissent, Justice Sonia Sotomayor wrote that the exercise and establishment clauses “are equally integral in protecting religious freedom in our society,” with free exercise serving as a promise from the government while the establishment clause erects a backstop against breaking it. “Today, the Court once again weakens the backstop,” she wrote. It’s against that backdrop that Louisiana’s law emerges.
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