Bills requiring public schools in South Dakota to display and teach the Ten Commandments and to post the words Under God, the People Rule in every classroom were endorsed by a legislative committee on Friday in Pierre.
The bills passed in the face of significant opposition from public education groups, and from an education lobbyist who spoke as a parent.
Why is my daughter in kindergarten having the word adultery put on her classroom wall? Sioux Falls parent Sam Nelson asked lawmakers on the House Education Committee, referencing the Ten Commandments. Why is the word murder on her classroom wall? Thats a me thing to talk about, and Id like you to keep it that way.
Under God, the People Rule is the state motto. Lawmakers passed a bill in 2019 requiring public schools to display the national motto, In God We Trust.
The Ten Commandments legislation would replace existing language in state law allowing local school boards to choose whether to display the Ten Commandments.
The two bills now head to the House floor for a vote. The vote will be the last for the Ten Commandments bill, which passed8-7, before final consideration by Gov. Larry Rhoden. Whether he will sign the bill remains unclear.
The Ten Commandments billwould require8-by-14-inch posters with easily readable font. Schools would have to additionally display a three-part, roughly 225-word statement near the posters containing information about the commandments historical significance.
The bill would also require the Ten Commandments to be taught as part of history and civics classes three times during a students education at least once during each of the elementary, middle and high school years. Further would require instruction on the state and federal constitutions, the U.S. Bill of Rights, and the Declaration of Independence.
The bill would require the Ten Commandments to be presented as a historical legal document, including the influence of the Ten Commandments on the legal, ethical, and other cultural traditions of Western civilization.
Supporters of the legislation argue the Ten Commandments are historically significant, so they should be taught throughout a kids educational stages and displayed in every classroom across the state.
Opponents said the bill is an unconstitutional government endorsement of religion.
The bills sponsor, Sen. John Carley, R-Piedmont, said the commandments were foundational in shaping American law and culture. He said early American textbooks, like theNew England PrimerandMcGuffey Readersfeatured the Ten Commandments.
This isnt a forced religion, Carley said. Its restoring tradition and history. Its bringing back a transformational display to our schools.
Supporters pointed to a 2022 U.S. Supreme Court rulingKennedy v. BremertonSchool District, which they said instituted a history and tradition standard for religious displays in public schools. The ruling upheld a football coachs post-game prayer as protected free speech and religious expression, emphasizing it was personal, voluntary and not coercive.
David Barton, the founder of Texas-basedWallBuilders, said the court ruled that If you can show something has been historical and traditional in America, were going to presume constitutionality. Bartonhas advocated for similar bills around the country.
The bill does not include funding for the curriculum or displays. Carley said the funding would come from private donations.
Weve already got donors lined up to cover the costs for every school in South Dakota, Carley said. He told lawmakers those donors wish to be anonymous for the time being.
Looking to history
Opponents said the bill is not about history its about imposing a specific religious view in public schools.
These are moral guidelines, said Rev. Lauren Stanley, assistant to the bishop of the Episcopal Diocese of South Dakota. This is not a historical legal document.
Stanley said the founding fathers were clear: Religious values were not to be part of the founding of this country.
The First Amendment of the U.S. Constitution prohibits laws respecting an establishment of religion. South Dakotas constitutionsaysNo person shall be compelled to attend or support any ministry or place of worship against his consent nor shall any preference be given by law to any religious establishment or mode of worship. It goes on to say that No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.
Opponents said the bill is an unconstitutional violation of that separation of church and state concept the founders of the U.S. and South Dakota strived to adhere to.
If this bill passes, it is so likely to face litigation not only in federal court, but in our own state courts as well, said Samantha Chapman of the ACLU of South Dakota.
Beyond the constitutional and legal concerns, opponents also argued the bill undermines the concept of local control by forcing an unfunded statewide mandate on school districts.
What I dont want to tell them is, Texas thinks this is a good idea, so now you have to do it, said Rob Monson of the South Dakota School Administrators Association. Dont let Texas tread on our freedom by taking away our local decision-making.
The House is expected to vote on the bill later this week.
South Dakotas motto
Next up in Fridays committee hearing came a bill requiring every public school classroom to display the state motto, Under God, the People Rule. Alternatively, schools can display the state seal, which includes the motto.
Rep. Phil Jensen, R-Rapid City, is the House sponsor for both of the bills that passed the committee on Friday.
Criticismforced Jensen to lose his vice chairmanshipof the committee on Wednesday, which came after he introduced abillto defund the Huron School District.
Jensens bill to require every public school classroom to display the state motto passed12-3. There was no opponent testimony presented.
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