Drawing the Line: Church, State, and the Classroom

By FOCUS, A Leonine Business

Despite a federal court striking down Louisiana HB 71/Act No. 676 in 2024, several states have pushed to incorporate religious elements into public education, raising fresh questions about the separation of church and state. The enacted law would have mandated the Ten Commandments be posted in public schools.

Arkansas followed Louisiana’s lead in April, enacting SB 433/Act 573. According to Education Week, a wave of legislation in Texas and other states promoting prayer and Bible study in public schools, spurred by the Supreme Court’s 2022 Kennedy v. Bremerton School District decision, is drawing both support from advocates citing religious freedom and criticism from opponents who warn of unconstitutional religious coercion. Legislative and regulatory activity in Oklahoma, Nebraska and most recently Texas, has drawn national attention.

In Oklahoma, the Statewide Virtual Charter School Board approved the establishment of St. Isidore of Seville Catholic Virtual School, the nation’s first publicly funded religious charter school. Legal challenges soon followed. Meanwhile, Oklahoma’s Board of Education adopted new social studies standards incorporating the Bible’s historical impact, raising concerns about religious favoritism in curriculum. Supporters argue the standards provide a fuller picture of America’s founding by emphasizing the Bible’s historical influence and promoting patriotism in schools.

Nebraska entered the fray with a proposal to increase religious presence in classrooms, though as reported by the Nebraska Examiner, the bill was ultimately sidetracked in committee amid concerns about its constitutionality. Tennessee SB 298/Chapter 314, enacted in May, will allow public schools and charter schools to offer elective, nonsectarian, nonreligious Bible courses.

In Texas, a series of Senate bills have ignited debate over the role of religion in public education. SB 10 would mandate the display of the Ten Commandments in all public school classrooms – a move supporters say upholds the nation’s founding values, while critics argue it erodes the separation of church and state. Similarly, SB 11 would require schools to set aside daily time for prayer or religious text study. Adding to the controversy, SB 2617 would compel schools to use instructional materials that reference historical time periods using the Christian-based terms “Before Christ” (B.C.) and “Anno Domini” (A.D.), rather than the more neutral “Before Common Era” (B.C.E.) and “Common Era” (C.E.).

Another dimension of this trend is emerging through “Baby Olivia” legislation, which aims to introduce a fetal development video – produced by the anti-abortion group Live Action – into public school health classes. Supporters argue the video offers a detailed understanding of human development from conception, fostering respect for life and encouraging informed decision-making around pregnancy. Critics argue the video promotes ideological and religious messaging under the guise of science, blurring the line between education and belief. With over 35 such bills introduced this session and laws enacted in Idaho, Indiana and Kansas, these proposals have become a notable part of the broader conversation about religion’s role in public education.

Even beyond education-specific proposals, other legislation could carry far-reaching consequences for religion in schools. Religious Freedom Restoration Act (RFRA) bills and other religious exception bills, 10 of which were introduced this session, may not explicitly target the classroom but could expand legal protections for religious expression in ways that affect school policy, curriculum and student rights. As states continue to test the boundaries between religious freedom and public education, these overlapping efforts signal a sustained national shift with potentially lasting implications. FOCUS will continue to monitor developments on how religious expression is shaping public education, with an eye toward impacts on students, school environments and the boundaries between church and state.

by Kiera Casey and Lexie Murray 6/2/25