COLUMBIA --
Although the legislative session is in its final stretch, one S.C.
House bill that still stands a chance of passage would allow the
display of the Ten Commandments alongside other documents of
historical significance in state buildings, including schools.
Rep. Gary Simrill, R-Rock Hill, and Rep. Greg Delleney,
R-Chester, are among the bill's primary sponsors. Last year, a
similar bill stalled in a House committee. Simrill said the language
has since been altered somewhat.
Change from 'must' to 'may'
"The bill is essentially the same as last year's, but where the
first one said 'must' and 'shall,' we've changed it to read 'may,'"
Simrill said. "The bill says the Ten Commandments may be displayed
on state property. It sets the structure in place so that agencies,
the governor, the House of Representatives, schools, whomever, would
have leeway in deciding whether or not to display the Ten
Commandments."
The measure would "authorize an object containing the words of
the Ten Commandments to be displayed on real property owned by the
state along with other documents of historical significance that
have formed and influenced the United States legal or governmental
system." The bill passed the House by a vote of 100 to 6 in
February. It now resides in a Senate committee.
"I would prefer the bill to mandate the display, but we're going
to run into court challenges if we do it that way," Simrill
said.
But Jay Bender, a first amendment attorney and University of
South Carolina law school professor, said the bill would not pass
muster with the courts even with the change in wording.
"I suspect that if that bill were passed and challenged, a
federal court would strike it down and the U.S. Supreme Court would
strike it down," Bender said. "We tend to think of the first
amendment as having to do with freedom of the press and freedom of
speech, but it starts off with the establishment clause."
The establishment clause is designed to prevent the government
from promoting any particular religion and, at the same time, from
prohibiting a person from practicing their own religion.
Rep. Kenneth Kennedy, D-Greeleyville, is one of six black House
members who voted against the measure.
"I don't know why the others voted against it," Kennedy, a
Baptist church trustee, said. "But I believe in the separation of
church and state. I don't think Christianity can be forced on
anyone. Religion is something a person has to find and deal with
within themselves."
Many liberal House leaders chose to stay silent on the bill.
House Minority Leader James Smith Jr. said he felt certain the
Senate would defeat the bill.
"There is so much bad stuff coming out of the House of
Representatives this year, and we don't have the numbers and energy
to battle everything," said Smith, who did not cast a vote on the
matter.
Contact Karen Addy at (803) 256-3800 or mailto:kaddy@heraldonline.com
