(C) South Dakota Searchlight
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Committee advances bills requiring Ten Commandments and state motto in SD schools • South Dakota Searchlight [1]
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Date: 2025-02-07
Bills requiring public schools in South Dakota to display and teach the Ten Commandments and to post the words “Under God, the People Rule” in every classroom were endorsed by a legislative committee on Friday in Pierre.
The bills passed in the face of significant opposition from public education groups, and from an education lobbyist who spoke as a parent.
“Why is my daughter in kindergarten having the word ‘adultery’ put on her classroom wall?” Sioux Falls parent Sam Nelson asked lawmakers on the House Education Committee, referencing the Ten Commandments. “Why is the word ‘murder’ on her classroom wall? That’s a me thing to talk about, and I’d like you to keep it that way.”
“Under God, the People Rule” is the state motto. Lawmakers passed a bill in 2019 requiring public schools to display the national motto, “In God We Trust.”
The Ten Commandments legislation would replace existing language in state law allowing local school boards to choose whether to display the Ten Commandments.
The two bills now head to the House floor for a vote. The vote will be the last for the Ten Commandments bill, which passed 8-7, before final consideration by Gov. Larry Rhoden. Whether he will sign the bill remains unclear.
The Ten Commandments bill would require 8-by-14-inch posters with “easily readable font.” Schools would have to additionally display a three-part, roughly 225-word statement near the posters containing information about the commandments’ historical significance.
The bill would also require the Ten Commandments to be taught as part of history and civics classes three times during a student’s education — at least once during each of the elementary, middle and high school years. Further would require instruction on the state and federal constitutions, the U.S. Bill of Rights, and the Declaration of Independence.
The bill would require the Ten Commandments to be presented “as a historical legal document, including the influence of the Ten Commandments on the legal, ethical, and other cultural traditions of Western civilization.”
Supporters of the legislation argue the Ten Commandments are historically significant, so they should be taught throughout a kids’ educational stages and displayed in every classroom across the state.
Opponents said the bill is an unconstitutional government endorsement of religion.
The bill’s sponsor, Sen. John Carley, R-Piedmont, said the commandments were foundational in shaping American law and culture. He said early American textbooks, like the New England Primer and McGuffey Readers featured the Ten Commandments.
“This isn’t a forced religion,” Carley said. “It’s restoring tradition and history. It’s bringing back a transformational display to our schools.”
Supporters pointed to a 2022 U.S. Supreme Court ruling Kennedy v. Bremerton School District, which they said instituted a “history and tradition” standard for religious displays in public schools. The ruling upheld a football coach’s post-game prayer as protected free speech and religious expression, emphasizing it was personal, voluntary and not coercive.
David Barton, the founder of Texas-based WallBuilders, said the court ruled that “If you can show something has been historical and traditional in America, we’re going to presume constitutionality.” Barton has advocated for similar bills around the county.
The bill does not include funding for the curriculum or displays. Carley said the funding would come from private donations.
“We’ve already got donors lined up to cover the costs for every school in South Dakota,” Carley said. He told lawmakers those donors wish to be anonymous for the time being.
Looking to history
Opponents said the bill is not about history — it’s about imposing a specific religious view in public schools.
“These are moral guidelines,” said Rev. Lauren Stanley, assistant to the bishop of the Episcopal Diocese of South Dakota. “This is not a historical legal document.”
Stanley said the founding fathers were clear: “Religious values were not to be part of the founding of this county.”
The First Amendment of the U.S. Constitution prohibits laws “respecting an establishment of religion.” South Dakota’s constitution says “No person shall be compelled to attend or support any ministry or place of worship against his consent nor shall any preference be given by law to any religious establishment or mode of worship.” It goes on to say that “No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.”
Opponents said the bill is an unconstitutional violation of that “separation of church and state” concept the founders of the U.S. and South Dakota strived to adhere to.
“If this bill passes, it is so likely to face litigation — not only in federal court, but in our own state courts as well,” said Samantha Chapman of the ACLU of South Dakota.
Beyond the constitutional and legal concerns, opponents also argued the bill undermines the concept of “local control” by forcing an unfunded statewide mandate on school districts.
“What I don’t want to tell them is, ‘Texas thinks this is a good idea, so now you have to do it,’” said Rob Monson of the South Dakota School Administrators Association. “Don’t let Texas tread on our freedom by taking away our local decision-making.”
The House is expected to vote on the bill next week.
South Dakota’s motto
Next up in Friday’s committee hearing came a bill requiring every public school classroom to display the state motto, “Under God, the People Rule.” Alternatively, schools can display the state seal, which includes the motto.
Rep. Phil Jensen, R-Rapid City, is the House sponsor for both of the bills that passed the committee on Friday.
Criticism forced Jensen to lose his vice chairmanship of the committee on Wednesday, which came after he introduced a bill to defund the Huron School District.
Jensen’s bill to require every public school classroom to display the state motto passed 12-3. There was no opponent testimony presented.
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