https://www.city-journal.org/article/displaying-not-establishing
In June, Louisiana passed a law mandating the display of the Ten Commandments in schools, as part of an educational framework about certain fundamental historical texts, including the Declaration of Independence and the Northwest Ordinance. A group of parents, represented by the American Civil Liberties Union, filed a lawsuit to block the law’s implementation, contending that it violates the First Amendment’s Establishment Clause forbidding the government establishment of religion. A federal judge has since ruled that this law is “unconstitutional on its face.” The state is appealing the decision, with arguments scheduled before the Fifth U.S. Circuit Court of Appeals in January; in the meantime, state officials have been ordered not to enforce the display requirement.
Such displays were not uncommon in schools until the Supreme Court invalidated them in 1980—the apex of the Court’s hostility to religion in public spaces. More recently, the Court has returned to a narrower approach to Establishment Clause issues, closer to the Founders’ intentions. The Ten Commandments case provides a welcome opportunity for the courts to clarify that children have no more right to a public square scrubbed of religious content than adults do—and that being upset by such a display is not sufficient to warrant courts’ protection against it.
In 2005, the Supreme Court held in Van Orden v. Perry that government buildings may display the Ten Commandments because “religious content or promoting a message consistent with a religious doctrine does not run afoul of the Establishment Clause.” The Ten Commandments, in fact, feature among other historic iconography in the premises of the Court itself. “Religious acknowledgment” does not amount to prohibited “Establishment,” the Court said. Put differently, the Constitution’s specific ban on providing government support to particular denominations should not be confused with France’s policy of laïcité, a compulsory public secularism that often bars religious symbols and messages from public spaces. One can understand the litigation campaigns against religious displays in the U.S. that began in the 1960s as an effort to project the radical French Revolutionary understanding of religion in the public square onto the more temperate American one.