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HB216 INTRODUCED
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HB216
U93NIDG-1
By Representatives Gidley, Butler, Harrison, Starnes, Rehm,
Lamb, Standridge, Carns, Stadthagen, Yarbrough, Sellers,
Paschal, DuBose, Kiel, Barnes
RFD: Education Policy
First Read: 14-Jan-26
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U93NIDG-1 10/15/2025 GP (L) lg 2025-1895
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First Read: 14-Jan-26
SYNOPSIS:
This bill would require each local board of
education to display the Ten Commandments and a context
statement in each history classroom serving students in
fifth through twelfth grade and a common area of each
school that serves only students in fifth grade or
above.
This bill would condition the requirement on the
availability of donated displays or donated funds to
purchase displays.
This bill would require the State Department of
Education to identify and publicize free resources that
local boards of education may use to comply with the
display requirement.
This bill would also authorize the State Board
of Education to adopt rules.
A BILL
TO BE ENTITLED
AN ACT
Relating to public schools; to provide legislative
findings; to require certain local boards of education to
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findings; to require certain local boards of education to
display the Ten Commandments and certain other documents
related to the formation of this nation, subject to the
availability of donations; to provide for the use of donations
to comply with the display requirement; and to authorize the
State Board of Education to adopt rules.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds and declares all of
the following:
(1) The Ten Commandments are a key part of the
Judeo-Christian religious and moral tradition that shaped
Western Civilization and ultimately the founding of the United
States. In particular, because they include what John Quincy
Adams described as both "civil and municipal" provisions as
well as "moral and religious" provisions, the Ten Commandments
have historical significance as one of the foundations of our
legal system. Teaching students about the Ten Commandments
promotes historical understanding and helps to foster a common
cultural heritage and awareness.
(2) Documents created to shape civil society during the
founding era of this nation include direct and indirect
references to God and religion. These documents include the
following:
a. The Mayflower Compact of 1620, America's first
written constitution, was a covenant made among the pilgrims
with "Almighty God" to "form a civil body politic." The
Mayflower Compact was the first purely American document of
self-government and affirmed the link between civil society
and God.
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and God.
b. The Declaration of Independence (1776) described all
men as being "created equal" and "endowed by their Creator
with certain unalienable Rights."
c. The United States Constitution (1787) stated in its
preamble that one of its purposes was to secure "the Blessings
of Liberty to ourselves and our Posterity" and closed with a
reference to the date of execution as the Seventeenth Day of
September in the Year of our Lord one thousand seven hundred
and eighty-seven.
d. The Northwest Ordinance of 1787 provided a method of
admitting new states to the Union from territories as the
country expanded westward. The Northwest 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."
(3) References to God and religion in public documents
and other public contexts did not end at the founding but
rather have occurred throughout our nation's history without
any serious claim that such references violate the
Establishment Clause. Examples include displays associated
with the Ten Commandments in the Supreme Court of the United
States, the Library of Congress, the Ronald Reagan
International Trade Building, and the National Archives.
Public references to God have occurred repeatedly over the
nation's history. No outcry followed Abraham Lincoln's
reference to God in his Gettysburg Address in 1863. Our
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reference to God in his Gettysburg Address in 1863. Our
coinage has born the phrase, "IN GOD WE TRUST," since 1865.
Prayers have opened our legislative sessions for hundreds of
years. In 1932, Congress adopted our National Anthem and
included in the last verse, "In God is our trust." In 1952,
Congress proclaimed a "National Day of Prayer." In 1954,
Congress added "under God" to the Pledge of Allegiance. The
display of the Ten Commandments as provided in this act, with
an appropriate context statement and integrated with the
approved public school social studies curriculum, is
consistent with these historical practices and understandings
and, at a minimum, furthers the same interests as the
interests served by these historical practices and
understandings.
(4) The 2024 social studies curriculum approved by the
Alabama State Board of Education (Alabama Course of Study:
Social Studies) provides: "Social studies education in Alabama
aims to prepare students to become knowledgeable, engaged, and
responsible citizens in society. Social studies reflects the
achievements, struggles, interactions, and endeavors that have
characterized human society as it has changed over time and
place to shape the world today. The disciplines of social
studies include, but are not limited to: Anthropology,
Archaeology, Civics, Economics, Geography, Government,
History, Philosophy, Psychology, Religion, and Sociology."
Display of the Ten Commandments with an appropriate context
statement is essential to the fulfillment of the mandate of
the State Board of Education in the education of students in
the areas of Civics, Government, History, Philosophy,
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the areas of Civics, Government, History, Philosophy,
Religion, and Sociology.
(5) Two generations of Alabama students have attended
public schools in an era governed by the now-abandoned test
articulated in Lemon v. Kurtzman, 403 U.S. 602 (1971), for
compliance with the Establishment Clause of the United States
Constitution. Assuring restoration to the classroom of
historical truths surrounding the founding of our nation,
including those truths that "partake of the religious,"
Kennedy v. Bremerton, 597 U.S. 507, 535 (2022), is vital to
remedying the legal error of Lemon v. Kurtzman and to securing
a complete education of our students.
(6) Due to reliance on misinterpretations about the
meaning of the Establishment Clause or due to their own
personal policy preferences, a significant number of Alabama
teachers are unlikely to expose public school students to
these historical truths if left with any discretion about how
or whether to present these truths. Posting these historical
truths in classrooms and school common areas is thus an
essential means of accomplishing the state's educational
objectives in teaching students about the historical and
cultural significance of the Ten Commandments on the
development of the United States, as is apparent from
accompanying founding-era documents.
(7) Including in the posting a reference to the state's
establishment clause and a recognition that "personal choice
about matters of faith are left to students and their
families" will further the state's interests in avoiding the
establishment or religion or interfering with the free
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establishment or religion or interfering with the free
exercise of religion. Such disclaimers will also serve the
state's educational objectives because they will make it more
likely that classroom teachers will become comfortable
discussing the historical truths that are included in the
poster.
(8) This act does not create an unfunded mandate on any
public school governing authority. Local boards of education
are encouraged to use documents that are printed and made
available to the schools free of charge.
Section 2. (a) Beginning January 1, 2027, and subject
to the availability of donated funds or donated displays
pursuant to subsection (c) as determined by the State
Superintendent of Education, each local board of education
shall display a poster or framed document that meets the
requirements of subsection (b) in each of the following
locations:
(1) Every fifth through twelfth grade classroom where
United States history is routinely taught according to the
Alabama Course of Study.
(2) An entry way or other common area, such as the
cafeteria or school library, in every school within the
jurisdiction of the local board of education, except that this
subdivision shall not apply to any school that serves students
in kindergarten through fourth grade.
(b) The poster or framed document required by
subsection (a) shall meet each of the following requirements:
(1) The poster or framed document shall be at least 11
inches by 14 inches in size.
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inches by 14 inches in size.
(2) The layout and design of the poster or framed
document shall be approved by the State Superintendent of
Education.
(3) The poster or framed document shall contain the
following content:
Historical Truths: The Ten Commandments and America's
Founding Documents
The Ten Commandments are a key part of the
Judeo-Christian religious and moral tradition that shaped
Western Civilization and ultimately the founding of the United
States. There are many versions of the Ten Commandments. The
one that follows is a common translation but not the only
translation.
You shall not have other gods before me
You shall not make idols
You shall not take the name of the Lord your God in
vain
Remember the Sabbath day, to keep it holy
Honor your father and your mother
You shall not murder
You shall not commit adultery
You shall not steal
You shall not bear false witness against your neighbor
You shall not covet
In 1813, future U.S. President John Quincy Adams wrote
in a letter to his son that, "The Law given from Sinai" – in
other words, the Ten Commandments – "was a civil and municipal
as well as a moral and religious Code." He noted that many of
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as well as a moral and religious Code." He noted that many of
its provisions "were of universal applications – Laws
essential to the existence of men in Society, and most of
which have been enacted by every Nation which ever possessed
any Code of Law."
The Alabama Constitution provides that "no religion
shall be established by law," and the State of Alabama
specifically respects the rights of its public school students
to be free from state-established religion. Recognizing that
personal choice about matters of faith are left to students
and their families, the purpose of this poster is simply to
acknowledge the historical role of the Ten Commandments, and
the broader Judeo-Christian tradition, in shaping American
civil society.
The Mayflower Compact of 1620, America's first written
constitution, contained a "covenant with 'Almighty God'" by
pilgrims to America to "form a civil body politic."
The Northwest Ordinance of 1787 "extended the
fundamental principles of civil and religious liberty" to the
western territories becoming states and provided 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."
The Declaration of Independence (1776) described all
men as being "created equal" and acknowledged that they are
"endowed by their Creator with certain unalienable Rights."
The United States Constitution (1787) in its preamble
stated one of its purposes to be securing "the Blessings of
Liberty to ourselves and our Posterity."
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Liberty to ourselves and our Posterity."
From this tradition emerged the one nation under God
that we have inherited today.
(c) This section may not be construed to require a
local board of education to spend its funds to purchase the
displays required by this section. To fund the displays free
of charge, a local board of education may accept donated funds
to purchase the displays or may accept donated displays.
(d) The State Department of Education shall identify
appropriate resources for local boards of education to comply
with this section free of charge. Once identified, the
department shall list the free resources on the department's
website.
(e) The State Board of Education may adopt rules to
implement this section.
Section 3. This act shall become effective on October
1, 2026.
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