Jun 27, 2024

Louisiana just passed a law to display privately funded exhibits of the Ten Commandments in public K-12 schools, colleges, and universities. But the ACLU has already filed suit to stop the Ten Commandments from being displayed.
Liberty Counsel has led the nation defending Ten Commandments displays since the early 2000s. In 2005, I argued before the Supreme Court regarding the Ten Commandments in a historical display. Since then, we have never lost a case on a stand-alone or historical display of the Ten Commandments.
And two years ago, the Christian flag case I argued at the Supreme Court combined with the Coach Kennedy case overruled the 1971 case of Lemon v. Kurtzman that the ACLU used all too frequently. This is now a new day for religious freedom!
Louisiana’s law requiring the posting of the Ten Commandments in public schools should not be controversial. Without question, the Ten Commandments have shaped American law and government. ALL of the Commandments have been at one time adopted by many state laws and have been frequently cited in legal cases.
The most common symbol inside and outside the U.S. Supreme Court is the Ten Commandments — appearing about 50 times! The Ten Commandments is part of the official seal of the U.S. Court of Appeals for the Ninth Circuit.
In Liberty Counsel’s 9-0 victory in Shurtleff v. City of Boston, the Supreme Court unanimously rejected Boston’s use of the “Lemon Test” to censor religious viewpoints — namely a Christian flag on a public forum flagpole. The Lemon Test had been used by Courts since 1971 to interpret and censor religious viewpoints and remove religious displays from government property. Citing to our Shurtleff win one month later in June 2022, the High Court in the Coach Kennedy case finally overruled Lemon v. Kurtzman, instructing that the First Amendment Establishment Clause must be interpreted by “reference to historical practices and understandings.”
The Ten Commandments are the indisputable basis of our law and government.
America’s legal system is based upon English common law. English common law, in turn, was based upon the Legal Code of Ælfred the Great. It is commonly called the “Book of Dooms.” In 839 A.D., King Ælfred compiled all known common laws into one book. The book’s prefix began with the Ten Commandments and included Mosaic law and Christian ethics in the known common laws of the time. Throughout the book, King Ælfred paraphrased biblical passages as illustration and instruction.
For example, in one section, King Ælfred admonished judges to “Doom (Old Sussex word for judge) very evenly! Do not doom (judge) one doom (judgment) to the rich; another to the poor! Nor doom one doom to your friend; another to your foe!” This is a direct reference to Leviticus 19:16, which states, “You shall do no injustice in judgment; you shall not be partial to the poor nor defer to the great, but you are to judge your neighbor fairly.”
The “Code of Ælfred” became the basis for English common law, which, in turn, became the basis for the Magna Carta, both of which became the basis of American law and the underpinning of our U.S. Constitution.
As a result, the Ten Commandments and biblical law are referenced in colonial charters and later in state constitutions. Twelve of the 13 original colonies adopted the entire Decalogue into their civil and criminal laws.
For instance, in 1610, Virginia codified the first commandment into law when it required its leaders to give “allegiance” to God, “from whom all power and authority is derived,” and who is the “King of kings, the Commander of commanders, and Lord of hosts.”
The 1780 Constitution of Massachusetts codified the second commandment into its constitution, stating in Part I, Article II, “It is the right as well as the duty of all men in society, publicly, and at stated seasons, to worship the SUPREME BEING, the great creator and preserver of the universe.”
The Third Commandment, to not take the Lord’s name in vain, was adopted by Virginia in 1610 (“That no man blaspheme God’s holy name upon the pain of death”) and by Connecticut in 1639.
The Fourth Commandment, “Remember the Sabbath day to keep it holy,” was adopted by Virginia in 1610, New Haven in 1653, New Hampshire in 1680, Pennsylvania in 1682 and 1705, South Carolina in 1712, North Carolina in 1741, and Connecticut in 1751.
The list goes on and on. But the historical reality is that our nation and our laws were predicated upon the Ten Commandments.
Liberty Counsel will provide our extensive experience and research in briefs to defend the right to America’s indisputable Judeo-Christian heritage. Please help us restore the faith of this nation with your generous gift today. Every donation made today will be DOUBLED IN IMPACT, thanks to a special Challenge Grant established to help fund our crucial legal work.
Mat Staver
Founder and Chairman
Liberty Counsel
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SOURCE:
“The Ten Commandments Remain in Place Due to Death of ‘Lemon Test.’” Liberty Counsel, March 22, 2023. LC.org/newsroom/details/032223-the-ten-commandments-remain-in-place-due-to-death-of-lemon-test.