HELENA — On Saturday, the Montana Senate killed a bill that would have required the display of the Ten Commandments in public schools.
Senate Bill 114, sponsored by Sen. Bob Phalen, R-Lindsay, was indefinitely postponed after failing to garner enough support during second reading.
The legislation would have required a copy of the Ten Commandments at least 11 inches by 14 inches to be displayed in each public school and classroom.
(Watch to learn more about legislative efforts to require the Ten Commandments to be displayed in schools)
This is the second time SB 114 failed on the floor of the Senate this session. On Feb. 5, the initial second reading vote saw senators tied, 25-25. A majority of 26 or more votes is required to pass the chamber for a standard bill. SB 114 was then referred back to committee.
SB 114 was again heard for second reading on Saturday morning 24-26, with eight Republicans joining the full caucus of Senate Democrats to defeat the measure. The chamber then voted 29 to 19 to indefinitely postpone the bill, effectively killing it for this legislative session.
The bill saw a lengthy debate on the floor and spirited testimony when it was heard before the Senate Judiciary Committee.
One issue at the heart of the debate is whether SB 114 would be constitutional if passed.
In 1980, the U.S. Supreme Court ruled a Kentucky statute requiring school officials to post a copy of the Ten Commandments violated the Establishment Clause of the First Amendment. The high court noted in the ruling the document was clearly religious in nature and was not being posted for a non-religious educational reason.
Phalen directly addressed that case during a Jan. 25 hearing, noting the modern court is politically different from the 1980 court.
“It is now a new day for religious freedom in America,” said Phalen. “The Supreme Court’s approach on religious displays has evolved over time.”
Supporters of SB 114 who testified said the Ten Commandments should be treated as a document of historic significance. They also noted the prevalence of God and religious references in the United States, including the depiction of Moses on the U.S. Supreme Court building.
Opponents of the legislation said it infringed on the religious freedoms of students, citing the 1980 Supreme Court decision and noted if passed the law would likely be challenged in court.
“America was founded on the principles of religious freedom and its founding fathers strived to create a government that protected its people from the same persecution it experienced,” said Capital High student Charles Snellman before the Senate Judiciary Committee. “I’m afraid that this bill undermines religious freedom to Christian and non-Christian students alike all across Montana.”
