RS 25:1281     

  

CHAPTER 32. DISPLAY OF RELIGIOUS DOCUMENTS

AS CULTURE, TRADITION, AND THE HISTORY OF LAW

§1281. Legislative finding

The Legislature of Louisiana finds that:

            (1) There is a need to educate and inform the public as to the history and tradition of American law and Louisiana law.

            (2) America and Louisiana's religious history plays an important role in the background of our American law and Louisiana law.

            (3) The role of religion in the constitutional history of both the United States of America and Louisiana is acknowledged by historians as part of our culture, tradition, and history.

            (4) Basic knowledge of American legal history is important to the formation of civic virtue in our society and, therefore, recognizing the historical role of the Ten Commandments, the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance of 1787 accords with the nation's history and reflects the founders' understanding of the necessity of civic morality to a functional self-government.

            (5) The courts have provided vital direction to the Legislature of Louisiana on how to approach the display of historical documents.

            (6) In 2005, the Supreme Court of the United States recognized that it is permissible to display the Ten Commandments on government property in Van Orden v. Perry, 545 U.S. 677, 688 (2005).

            (7) In 2019, the Supreme Court of the United States further recognized that the Ten Commandments "have historical significance as one of the foundations of our legal system...", in American Legion v. American Humanist Association, 588 U.S. 29, 53 (2019) and, the court also ruled that the displaying of the Ten Commandments on public property may have "multiple purposes" such as "historical significance as one of the foundations of our legal system" and represents a "common cultural heritage". Id. at 54.

            (8) The Mayflower Compact of 1620 was America's first written constitution and made a Covenant with Almighty God to "form a civil body politic". This was the first purely American document of self-government and affirmed the link between civil society and God.

            (9) The Declaration of Independence, adopted by Congress on July 4, 1776, provides that "(we) hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness".

            (10) The Northwest Ordinance of 1787 provided a method of admitting new states to the Union from the territory as the country expanded to the Pacific. The Ordinance "extended the fundamental principles of civil and religious liberty" to the territories and stated that "(r)eligion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged".

            (11) The Legislature of Louisiana now endorses the prolongation of a uniform, sound, distinct, and appropriate presentation of the story of the role of religion in the constitutional history of the United States of America and Louisiana, which may be publicly displayed in court houses, other state and local buildings, at the Louisiana State Capitol, and throughout the state of Louisiana.

            (12) The text of the Ten Commandments set forth in R.S. 25:1282(C) is identical to the text of the Ten Commandments monument that was upheld by the Supreme Court of the United States in Van Orden v. Perry, 545 U.S. 677, 688 (2005).

            (13) It is the legislature's intent to apply the decision set forth by the Supreme Court of the United States in Van Orden v. Perry, id. to continue the rich tradition and ensure that the public has an opportunity to understand and appreciate the foundational documents of our state and national government.

            (14) The Supreme Court of the United States acknowledged that the Ten Commandments may be displayed on government property when a private donation is made for the purchase of the historical monument. Pleasant Grove City v. Summum, 555 U.S. 460 (2009).

            (15) It is the intention of the Legislature of Louisiana that this Section shall not create an unfunded mandate on any public governing authority. Government agencies are encouraged to use documents that are printed, or displays that are produced, and made available to the agency at no cost.

            Acts 2006, No. 602, §1; Acts 2026, No. 487, §1.