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Washington and Lee Law Review Online

Abstract

The Ten Commandments are back on public classroom walls and in federal court, after several states passed new laws requiring school districts to post the text. As attorneys, judges, and amici debate whether First Amendment law has changed enough since Stone v. Graham in 1980 to allow the posting of the ancient religious text, this Essay comes at the situation from an entirely different angle. The precise text proposed by the states might be a good example of “ceremonial deism,” but it removes biblical law from biblical narrative – and, in doing so, unsets the Ten Commandments from their original narrative setting of slavery, Exodus, and Jubilee. Drawing from Roger Williams, this Essay argues that the Establishment Clause operates to preserve religion from the corroding influence of political expediency and suggests that thick, age-appropriate discussions are a more appropriate way to honor the Decalogue than posterization.

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