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A Bill Requiring ‘Ten Commandments’ in Classrooms Wins Approval

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Alabama has enacted a law requiring public schools to display the Ten Commandments in classrooms serving grades 5 through 12, as well as in common areas throughout school buildings. Gov. Kay Ivey signed Senate Bill 99 into law on Friday. The requirements take effect Oct. 1 and apply to public schools across the state.

The Ten Commandments must be posted alongside documents tied to the country’s founding, including the Declaration of Independence and the Bill of Rights. Supporters say grouping the religious text with those historical documents frames it as a reflection of American legal and cultural tradition rather than a religious directive.

The law does not direct schools to spend taxpayer money on the displays. Instead, the state Department of Education is tasked with identifying free resources to help schools meet the requirement. The displays must also include a statement clarifying that the posting is meant to recognize the historical role of the Ten Commandments in shaping American civil society, not to influence personal religious belief.

The Bill Cleared Both Chambers Overwhelmingly, but Democrats Were Divided

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The Alabama Senate passed SB99 the week prior by a vote of 28 to 6, with all Republican senators in favor and six of the eight Democratic senators opposed. The House followed on Thursday with an 81-10 vote. The bill was sponsored by Sen. Keith Kelley of Gadsden and Rep. Mark Gidley of Hokes Bluff, both Republicans, who said the intent was not to promote religion but to acknowledge the foundational role of biblical law in American legal tradition.

Rep. Kelvin Datcher, a Birmingham Democrat and Baptist deacon, raised concerns about the bill’s historical framing. He pointed out that Black churches were bombed during the civil rights era and that enslaved Black Americans were once prohibited from reading, including reading the Bible, cautioning against overly idealized readings of the nation’s past.

Rep. Patrick Sellers, a Birmingham Democrat and pastor, took a different position. He argued that recognizing the Ten Commandments’ historical significance does not conflict with the separation of church and state and said the bill speaks to broader questions about values and what future generations are taught. Rep. Phillip Ensler, a Jewish Democrat from Montgomery, expressed concern that students from non-Judeo-Christian backgrounds could feel excluded.

Alabama’s New Law Enters Unsettled Legal Territory on Church and State

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In 1980, the U.S. Supreme Court struck down a Kentucky law with nearly identical requirements in Stone v. Graham, ruling the mandatory displays lacked a clear secular purpose. That precedent established that classroom postings of the Ten Commandments are generally considered unconstitutional, and Alabama’s new law now operates in that same legal shadow.

The legal picture has shifted somewhat since 1980. In Kennedy v. Bremerton School District, the Supreme Court signaled more openness to religious expression in public school contexts, which could factor into how courts evaluate Alabama’s law. Alabama’s approach of pairing the Ten Commandments with founding-era documents could become a central issue in any legal challenge, as the state may argue the law serves a historical or educational purpose.

Alabama voters laid some groundwork for this legislation years earlier. In 2018, they approved a state constitutional amendment authorizing public displays of the Ten Commandments by an overwhelming margin. SB99 builds on that amendment, though federal constitutional questions remain separate from what Alabama’s state constitution permits.

The Law Takes Effect in October, and Legal Scrutiny May Follow

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With Gov. Ivey’s signature secured and an October effective date on the books, Alabama public schools now face a practical question: how to comply. The state Department of Education is responsible for connecting schools with free display resources, meaning the rollout will depend largely on what materials are made available before the deadline.

Critics argue the law crosses a constitutional line regardless of its framing, particularly for students whose faiths are not represented in the display. Supporters counter that the Ten Commandments’ influence on American law and values is documented and that acknowledging that history in schools is not the same as endorsing a religion.

Whether the law survives legal scrutiny will likely depend on how courts weigh its stated educational purpose against its religious content, a question that mirrors debates playing out in other states with similar legislation. For now, Alabama public schools are preparing for a requirement that arrives with both historical context and unresolved legal questions attached.

Shane Rowe

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