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Tennessee Republicans this week advanced legislation to allow public schools to display the Ten Commandments.
The House Education Committee passed House Bill 47 on Tuesday over the objections of some Democrats who argued constitutional concerns would open up individual schools to lengthy lawsuits.
The bill would allow — though not require — local Tennessee schools to display the Ten Commandments as a “historically significant” document alongside documents like the U.S. Constitution and Bill of Rights.
The effort is part of a larger legal fight over Ten Commandments displays in schools.
Historically, laws requiring school displays have been struck down over constitutional concerns. But the 5th U.S. Circuit Court of Appeals is currently considering constitutional challenges to two Texas and Louisiana laws, whose opponents argue violate the First Amendment’s Establishment Clause prohibiting the government from endorsing or promoting a specific religion. The eventual ruling could lead to a larger U.S. Supreme Court fight over the issue.
Tennessee lawmakers on Tuesday were advised by committee legal counsel that legal precedent has previously allowed education on Biblical history when it is taught for a secular purpose. Supporters of the bill argued allowing the religious text alongside displays with American or Tennessee historical documents would fit within that precedent.
With the House Education Committee vote on Tuesday, the bill has cleared its final significant committee hurdle in the lower chamber. Its companion bill has not yet been scheduled for a committee hearing.
Melissa Brown is the bureau chief for Chalkbeat Tennessee. Contact Melissa at mbrown@chalkbeat.org.
