Questions surround Ohio bill after Louisiana Ten Commandments ruling

COLUMBUS, Ohio (WCMH) -- On June 20, a federal court ruled Louisiana's mandate to display the Ten Commandments in public schools is unconstitutional, raising questions about a pending Ohio bill.

Sen. Terry Johnson (R-Portsmouth) introduced Senate Bill 34, the Historical Educational Displays Act, early this year. The bill would require public schools to display at least one historical document in every classroom, with districts able to pick between a list of nine, including the Ten Commandments. Supporters argue in favor of the Ten Commandments' historical significance, and opponents say it violates separation of church and state.

"Most of the stuff that winds up being controversial, I don't walk into it thinking it is -- I say 'How could this possibly be controversial?' because I have an understanding of the history of America," Johnson said.

Johnson discussed the bill in a podcast with Senate Republican Communications Director John Fortney, who pointed NBC4 to the comments made there. Friday's ruling determined Louisiana's bill, which required all public schools to permanently display the Ten Commandments in every classroom, is "facially unconstitutional," but Fortney and Johnson said there are some key differences between Louisiana's law and S.B. 34.

Under S.B. 34, boards of education could erect monuments or markers to any of the historical documents listed, and each would be accompanied by an educational document explaining the historical significance. Schools could choose between posting the Ten Commandments, the Mayflower Compact, the Declaration of Independence, the Northwest Ordinance, the Magna Carta, the Bill of Rights, the U.S. Constitution, the Articles of Confederation or the mottoes of the U.S. and Ohio.

"This isn't Bible class. There's many different documents that could be discussed," Fortney said.

The Historical Educational Displays Act has had several Senate Education committee hearings, the most recent occurring on April 8. In March, the ACLU of Ohio testified against the bill, alleging it is the first step toward ensuring the Ten Commandments are in every classroom. ACLU Chief Lobbyist Gary Daniels said although districts can pick among documents, the Ten Commandments would then still be in some schools.

"Many of the students who will be evangelized via S.B. 34 do not share these same sectarian beliefs mandated via the Ten Commandments," Daniels said.

In 1980, the U.S. Supreme Court ruled 5-4 that requiring the Ten Commandments to be posted is unconstitutional, and individual instances displaying the Ten Commandments have been removed in similar legal challenges. As recently as 2019, a New Philadelphia, Ohio, school was made to remove a 92-year-old plaque displaying the Ten Commandments after the Freedom from Religion Foundation said it violated the First Amendment.

"They were dealing with only one thing, and that was the Ten Commandments, and this is a historical documents bill," Fortney said.

Johnson said all of these documents mention God, and six of the nine do include "God" directly in their texts. Fortney said God is on the currency and in the Pledge of Allegiance. Johnson said even though "In God We Trust" was not officially adopted as the national motto until 1956, it represents a "foundational legacy."

Fortney and Johnson said the bill addresses a crucial education gap, saying these documents are no longer stressed in schools. Under Ohio law, public schools first introduce many of these documents in fourth grade, and all of the documents in the bill except for the Ten Commandments, Magna Carta and Mayflower Compact are required reading before graduating.

Daniels argued the Ten Commandments are largely unrelated to governance, saying just "two and a half" -- do not murder, do not steal and do not lie -- are relevant, as people can lie without breaking the law.

"Coveting someone else’s spouse or partner. Coveting their possessions. Disobeying or dishonoring one’s parent or parents. Committing adultery," Daniels said. "All these actions are forbidden by the Ten Commandments. But they all mean zero to the founding and ongoing governance of our country."

When the bill was first introduced, Senate Democratic Leader Nickie Antonio told NBC4 she was "very worried" about S.B. 34's constitutionality, pointing to the Louisiana case that was ruled on last week. Fortney and Johnson said the Ten Commandments are far from the point of the bill.

The bill is still in the Senate Education committee, and has not been scheduled for activity since April.