Last week, the Supreme Court heard cases from seven states discussing the constitutionality of displaying the Ten Commandments on government property. Many may find such action relatively harmless and well intended, reminiscent of the strongly defended arguments of the words “under God” appearing in the Pledge of Allegiance. Although I personally am indifferent to a divine reference being in the Pledge, I would argue that the Ten Commandments adorning government property is a clear establishment of religious preference by state authority, which is in violation of constitutional law. To combine Christian theology with the bylaws of our country is to contradict the principles of Jefferson and Madison, who stated the need to establish “a wall of separation” between church and state. I find it disturbing to know that a visit to the State Capitol building in Austin, Texas, requires walking by its front lawn monument of the Ten Commandments. A house of government should be easier to distinguish from a house of God.
For a legislator or judge to post religious markings in the privacy of their office is one thing, but to put the Ten Commandments in a public place of government deliberation clearly would blur the once obvious marking that divides church and state. The Establishment Clause of the United States Constitution states, “Congress shall make no law respecting an establishment of religion … ” The State has no granted authority to, directly or indirectly, institute or support fundamental guidelines for divine spiritual practices. The Supreme Court, by allowing the endorsement of Christianity on the walls of U.S. government buildings, is directly approving of specific religious principles. Not only is this insulting to people of other faiths (or those of no faith, for that matter), but it also blends pious morality with civil justice, which presents quite a conflict of interest in U.S. politics.
Perhaps former Justice Hugo Black said it best in his decision in the 1963 Supreme Court case Engel v. Vitale, which ruled school prayer unconstitutional: “[the Establishment Clause’s] first and most immediate purpose rested on the belief that a union of government and religion tends to destroy government and to degrade religion.” The problem with uniting the Ten Commandments and U.S. law would be to make a mockery of both. We would be undermining such moral obligations; how can a judge turn his back on the fifth commandment pledging, “Thou shalt not kill”, and then sentence the man before him to death? On the other hand, would not installing Christian doctrine onto the back of Lady Justice force us to question the legal and political foundations of a country that was built on and still maintains an undying love for war?
We send confusing signals when adorning courtrooms with religious principles — under which laws are people being tried — the laws set forth by government officials, or the laws set forth by Christianity. Will a case determine not only one’s life sentence, but their post-life sentence? If one is condemned by a court of law, do they have to stare at the Ten Commandments and face condemnation by the great divinity? People should have to defend themselves to lawmakers in a court of law, and to God in a place of worship. Many might argue that this is a stretch for innocently displaying a copy of religious morals. However, the consequences of posting the commandments would go beyond offending those of alternative faiths. The line must be drawn somewhere.
We would be foolish to overlook the fact that many people’s political ideologies are an extension of their religious principles. Although the Ten Commandments (along with the moral principles of many religions) mirror those laws in our national and state governments, there is a great constitutional conflict in declaring the Ten Commandments to be a foundation for the American legal system. Such convictions have spurred the debate conflicting religion and politics, arguments that will seemingly never be won. These tensions deem it vital that we hold strong the notion of separating church and state; for in a country where we promote and cherish diversity, in a country where we hold dear our right to speak and practice religion freely, we cannot give preference to one set of beliefs over another. The only set of principles that all citizens should be expected to adhere strictly to should be the laws set forth by the governing council of our great nation; these should be the only commandments hanging in a house of government. To put the Ten Commandments on government property is to send the message of a bilateral relationship between Christian doctrine and U.S. law, thus endangering our ability to distinguish between the two.
Adam Lichtenheld ([email protected]) is a freshman majoring in political science and international studies.