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American
Public Religion
and the Ten Commandments
Derek H.
Davis
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America has had its
share of crises lately. And in times of crisis, people typically look to
religion for answers. In the wake of the tragedies at Columbine High
School and other schools across America where students and teachers were
gunned down by troubled youth, for example, an outcry arose across the
country calling for a return to religious values. Many commentators
suggest that those murders took place because our schools no longer teach
basic religious values: belief in God, regular prayer, and knowledge of
Scripture. They argue that if public schools taught these basic religious
truths, horrific acts such as the Columbine murders would never have
taken place.
More recently, the
tragic events of September 11, 2001, have led many to call for a "return
to God" for answers not only about why the tragedy occurred, but also to
give us the solace we need in a time of national crisis. Television
preachers such as Jerry Falwell and Pat Robertson even suggested that the
tragedy was God’s doing, divine judgment, the result of America’s
"turning away" from God, and that radical steps, including legislation
encouraging public religious activity, are necessary to return the nation
to its religious roots, lest we suffer additional acts of God’s judgment.
I
Many of those promoting
government advocacy of religious values have focused their efforts on
state-sponsored posting of the Ten Commandments in public places, even
though such action would be constitutionally suspect. A 1980 U. S.
Supreme Court case, Stone v. Graham, held that posting of the Ten
Commandments in Kentucky public school classrooms was a violation of the
Establishment Clause since the purpose of the posting was devotional,
that is, to cause students to meditate upon the religious meaning of the
commandments. Undeterred, however, at least fifteen states have recently
either introduced or passed legislation that would allow---or even
require---the Ten Commandments to be posted in public schools, courts,
government buildings and other public places. Media observers now wittily
refer to these and similar initiatives as the "Hang Ten" movement. Even
the U.S. House of Representatives has passed a bill, "The Ten
Commandments Defense Act," that would allow display of the document in
schools, courts and government offices.
Besides creating
unnecessary and expensive legal disputes, proposals to post the Ten
Commandments are of questionable value. For example, such proposals, due
to their controversial nature, often create wide divisions in
communities. Opponents of these initiatives---many of whom are deeply
religious themselves---are often portrayed as atheists, humanists, and
liberal buffoons who care nothing about the moral fiber of the nation.
Such accusations only exacerbate intra-community tensions, and damage
Christian witness. City council meetings, school board meetings and local
elections have become battlegrounds over religion rather than over more
basic issues.
Alabama and Illinois are
two such battlegrounds. Judge Roy Moore of Alabama posted the Ten
Commandments in his state courtroom and refused to remove them even when
ordered to do so. In defiance of Federal authorities, then-Governor Fob
James threatened to use military force to prevent their removal. The
popularity of Moore’s stand enabled him to win an election as chief
justice of the Alabama Supreme Court, but opponents, claiming that
non-Christians are discriminated against in his courtroom, are now
actively seeking to unseat him. When an Illinois school board recently
voted unanimously to post the Ten Commandments in public schools, the
resulting controversy dominated local politics for months. After several
months of acrimonious debate, the school board rescinded the decision in
order to avoid a costly lawsuit.
Even if posting the Ten
Commandments in public schools and other public facilities were
constitutional, it still would likely breed religious intolerance.
Advocates of such proposals assert that the commandments express values
universally accepted by virtually all Americans. They fail, however, to
take into account that many Americans subscribe to religions that do not
follow the Bible. Christians and Jews might consider the Ten Commandments
as part of their faith, but millions of Muslims, Hindus, and Buddhists
and others adhere to religious, ethical and moral traditions that draw
from a variety of texts other than the Bible. Attempts to post the Ten
Commandments on government property fail adequately to consider the
feelings of persons whose religious beliefs would cause them to be
offended by displays of the commandments. Moreover, we should be mindful
that when we are contemplating the display of the commandments on
government property, those who object are as much the citizen–owners of
that property as those who seek to post the commandments. Government
property is shared property, and its uses should reflect shared secular,
not unshared religious, aims.
II
If we post the Ten
Commandments, whose version do we post? Even those religions that do
adhere to the Ten Commandments follow very different Biblical versions.
The ancient Hebrew text followed by Jews is very different from the
language found in the King James Bible version accepted by most
Protestants. Catholics follow yet another text altogether.
That there are different
versions of the Ten Commandments is not a well-known fact. Many people
who should know, of course, do not. During his presidential campaign,
President George W. Bush marched into a hornets' nest by proposing that a
"standard version" of the Ten Commandments be posted in schools and
public places. "I have no problem with the Ten Commandments posted on the
wall of every public place," Bush told reporters. Asked if he preferred
the Protestant, Catholic or Jewish version of the Commandments, Bush
replied: "The standard version. Surely we can agree as a society on a
version that everybody can agree to." What Bush and so many others fail
to realize is that there is no such "standard version" of the Ten
Commandments. And it is unlikely that Biblical adherents could ever agree
on a compromised version, since Catholics, Protestants and Jews are all
committed, to one degree or another, to biblical inerrancy, and altering
the text for them would be a desecration of God’s inspired word.
The Ten Commandments
appear in two places in the Bible: in Exodus, chapter 20; and in
Deuteronomy, chapter 5. Neither version conveniently lists the
commandments from one to ten, which is presumably how they would appear
when posted. In the most commonly referenced passage, Exodus 20, the
commandments cover 17 verses and encompass at least 14 imperatives.
Protestants tend to use the Exodus passage, but Catholics use the
Deuteronomy passage. Moreover, the order of commandments is different in
the Protestant, Jewish and Catholic versions. Although they are similar,
there are some notable differences. For example, for Catholics, the
imperative against adultery is the sixth commandment; for Jews and most
Protestants it is the seventh. Another important difference is in the
commandment regarding the sabbath. In the Exodus version, people are told
to keep the sabbath holy because God worked for six days and rested on
the seventh. But in the Deuteronomy version used by Catholics, the
sabbath is commanded because "you were a slave in the land of Egypt, and
the LORD your God brought you out from there with a mighty hand and an
outstretched arm." Another interesting difference occurs in how Catholics
translate the Deuteronomy verses into actual commandments. In the Butler
Catechism, verses eight through ten are simply left out. The Catholic
version thus omits the prohibition against graven images. To make up for
this, Catholics divide verse 21 into two commandments, thus separating
the coveting of another’s wife from the coveting of another’s farm
animals. The Protestant versions of the commandments retain the
prohibition against graven images.
As Austin Cline points
out, it shouldn't be ignored that the Ten Commandments were originally
part of a Jewish document, and they too have their own way of structuring
it. Jews begin the commandments with the statement, "I am the Lord your
God who brought you out of the land of Egypt, out of the house of
bondage." Christians, however, regard this as a preamble rather than an
actual commandment and begin their lists with the statement, "You shall
have no other gods before Me."
All of this suggests
that it is genuinely difficult to identify the "real" Ten Commandments.
Members of certain religious traditions will be offended if someone
else's version of the Ten Commandments is displayed in public buildings
-- and for our governments to do that would be an infringement of
religious liberty.
III
The Ten Commandments
Defense Act, an amendment to the Juvenile Justice Bill, remains in a
House-Senate conference committee while a national campaign has begun to
have the Ten Commandments posted in public places. Representative Robert
Aderholt (R-AL), who introduced the legislation, said that the measure
"in no way forces any state to post the Ten Commandments or even says
that a state has to address the issue. However, we believe that posting
the Ten Commandments in public buildings is a decision that should be
made close to the people without the federal government's intervention."
He added that he believes posting the Ten Commandments in public
buildings is "a positive step forward toward promoting morality and
promoting moral principles in our society. Certainly, the Ten
Commandments represent the moral and religious standards that are a very
important part of our nation from the very beginning."
While the House is
considering the act, the Family Research Council (FRC) has kicked off a
national campaign to have the Ten Commandments posted in public places.
It has received some support from many members of Congress who have
agreed to post a copy of the commandments in their Capitol Hill offices.
Rep. Sam Johnson (R-TX)
said the commandments are being posted in congressional offices
"in order to acknowledge their importance and continued relevance for those
seeking to live a moral life. I'm amazed that some view these commandments as
irrelevant or worse yet, controversial, because they simply represent
God's law. It's simply makes them that much more important and deserving
of our reflection." Johnson went on to say, "If we do get back to the
values that we hold dear and that this country was founded on, we're
going to be a greater nation in the future."
Matt Salmon, a
Republican congressman from Arizona, remarked that it is tragic in a
society that was built and founded upon Judeo-Christian values, the
nation would allow the posting of offensive art pictures in public places
while being against posting the Ten Commandments. "If you put a little
horse manure on it, they would be fighting to post it. Don't you find
that ironic, that if you denigrate something that's holy, you put a flag
in the toilet, you put the Ten Commandments in horse manure, then they're
going to be fighting to be able to post it on the wall and call it art."
What will become of the
proposed Ten Commandments Defense Act is anyone’s guess. As long as the
measure is popular with the masses, opportunistic politicians will laud
the proposal, in spite the Supreme Court’s holding that posting the Ten
Commandments on government property to advance religion is a violation of
the Establishment Clause.
IV
It is ironic that the
"Hang Ten" movement is perhaps now liveliest in Kentucky, the very state
whose efforts to post the Ten Commandments in public school classrooms
more than two decades ago were rebuffed by the U.S. Supreme Court. With
the Stone v. Graham case as its primary ammunition, the ACLU
recently forced three Kentucky counties to take down copies of the Ten
Commandments that had been posted in schools, post offices and other
public places.
But many Kentucky officials refuse to give up the fight. In Harlan
County, officials quickly got to work to find a way around the
injunction. They simply bundled the commandments with other classic
texts, such as the Magna Carta and the Declaration of Independence, and
reposted them as "historical documents." Some call this the "crèche
strategy," since theoretically it finds support in the U.S. Supreme Court
case of Lynch v. Donnelly (1984), which allowed nativity scene
displays if they are packaged with Santa Claus, reindeer, candy canes,
and other nonreligious images. But David Friedman, general counsel for
the ACLU of Kentucky, thinks the strategy will fail. "This is a pretty
bald-faced attempt to have religious texts on the walls of county
government and diluting it as much as they think is necessary for a court
to say, 'OK, we'll tolerate it.'"
The Harlan County effort
is just one of several recent actions in Kentucky to reintroduce
religious elements into public spaces, often testing the legal limits of
rulings designed to keep church and state separate. Cumberland High
School in Cumberland, Kentucky opened a "chapel" this spring, complete
with pews, angelic figures, and an altar-like podium. The room, the
school maintains, is a nonreligious "quiet room." The ACLU is considering
a court challenge.
Such attempts to side
step the First Amendment stem in part from a growing conviction among
many parents and administrators that school violence can be traced to
emotional isolation and moral abdication at home. These critics contend
that schools need to try to fill that vacuum -- not to save the souls of
lost students, but to ensure the safety of their classmates.
Many supporters of Ten
Commandments postings complain that the Decalogue is represented in an
image of Moses etched in the wall behind where the chief justice sits in
the U.S. Supreme Court chambers. They wonder why this display is
permitted but similar displays are disallowed in other public settings.
Perhaps there is some duplicity here, but the usual answer is that, as
pertains to the public schools, the Supreme Court is not a place where
impressionable young children are likely to be indoctrinated in religious
themes. Moreover, the display at the Supreme Court was not installed
originally with the express aim to promote religion, unlike current
efforts to post the commandments in many courthouses and city halls
around the country. Rather, it was installed as a part of a larger
display of persons and events that contributed to the Western legal
tradition. Purpose and intent count for much in these battles.
"It's a very hot issue
around the country," says Erik Stanley, a litigator at Liberty Counsel, a
legal-defense organization. "It has a lot to do with the decline in
character and morality that people have seen within the public schools."
In addition to Kentucky, South Dakota, Indiana, and Ohio have also passed
laws or resolutions that allow, or even call for, posting the Ten
Commandments in public spaces.
V
There is actually a very
simple solution to the Ten Commandments controversy. For those for who
think the Ten Commandments are important, they should memorize them—and
have their children memorize them. In this way, they carry the truths of
the Ten Commandments in their hearts, and have no need to resort to
public displays. Moreover, refusing to post the Ten Commandments on
government property respects the religious values of members of religious
traditions who are offended by the displays. In the end, opposition to
state-sponsored posting of the Ten Commandments does not arise out of
hostility to the values set forth in the commandments. Rather, it arises
out of deep respect for the diversity of religions that enjoy the freedom
to practice their faith on American soil---those that embrace the Ten
Commandments and those that do not. By adhering to the principle of
separation of church and state we best fulfill the Constitution's mandate
of religious liberty for all Americans and the Bible’s mandate to exhibit
love and respect to all of humanity.
Go to
Article Archive
>>
Prayers in Public
Schools read >>
Explanation about Mitzvah
read
>>
American
Public Religion
and the Ten Commandments
read
Article >>
Ask yourself these Questions
read
>>
Different Versions of the 10 Commandments
read >>
Dr. Derek H. Davis is
director of the J.M. Dawson Institute of Church-State Studies at Baylor
University and editor of Journal of Church and State.
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