As an Alabama Supreme Court Justice at the time when then-Chief Justice Roy Moore moved a monument displaying the 10 Commandments into the Heflin-Tolbert Judicial Building, I have more than a passing familiarity with the legal issues attendant to such activity.
Now, 25 years later, the legal landscape has changed significantly. Louisiana, Texas and Arkansas have recently enacted legislation requiring posting of the 10 Commandments in schools. Each bill was struck down by a U.S. District Court in their respective states. Yet we can profit from these experiences, enacting a law that deals with these issues – a law which will ultimately pass muster in the U.S. Supreme Court.
There are two identical bills in the 2026 legislative session, HB216 and SB99 (hereinafter “our bill”), requiring a poster displaying the 10 Commandments along with excerpts from other historical documents in Alabama public schools. Our bill is carefully drafted to overcome objections lodged in litigation in our sister states. Our bill also acknowledges recent U.S. Supreme Court cases showing disfavor with precedent from earlier decisions that require states to purge materials that happen to contain matters that “partake of the religious.”
In addition to the 10 Commandments, our proposed poster contains quotes from other historical documents essential to the founding of our nation. Specifically, it includes an excerpt from a letter written by John Quincy Adams in which he acknowledges the role of the 10 Commandments in the foundation of Western civilization. Also included are excerpts from the Mayflower Compact, the Declaration of Independence, and the U.S. Constitution, in which the founding fathers recognized the existence of a Supreme Being. As such, they are highly relevant to the requirement of teaching history to our students and are not susceptible to attacks regarding the indoctrination of our students in matters of faith.
While the poster displays the 10 Commandments, language on the poster acknowledges the existence of different versions of the Commandments, thereby disclaiming any state support of a particular version. Unlike the requirements of bills from our sister states, our bill does not call for posting in every single classroom regardless of the subject matter taught or the age of the children. Instead, ours has the far more defensible requirement of posting in 5th-12th-grade classrooms in which history is taught, in a central area, and in the library.
Critics who challenge the posting requirement while also acknowledging the role of such information in teaching history are met with findings in the bills justifying such posting. These findings recognize that many years of inaccurate construction of the U.S. Constitution have led to teachers being enveloped in a climate of excessive caution, while also recognizing the likelihood of other teachers declining to emphasize these historical truths for personal reasons.
Regarding those who denounce indoctrination: In addition to the falsity of such a charge based on the historical truths that happen also to “partake of the religious,” the poster contains express reference to the role of parents and students in making decisions about their individual paths of faith.
The Alabama Legislature has recently and commendably passed legislation shielding minors from exposure to inappropriate content. How about taking steps to ensure minors are exposed to highly appropriate content about our nation’s founding?
The time to move on HB216/SB99 is now. Alabama can lead the nation with a model bill.
Champ Lyons, Jr. was an associate justice on the Alabama Supreme Court from 1998 to 2011.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to [email protected].
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