On June 20, 2025, the Fifth Circuit returned its decision in the Louisiana Ten Commandments case (here), upholding the District Courts order blocking the law from going into effect. This was followed by a petition on June 26 for a rehearing en banc by the State (here). At the same time, Texas passed its on bill (here) requiring displays of the Ten Commandments in classrooms. On June 24, that law was challenged in the Northern District of Texas (here) by a group of parents seeking to stop the bill from going into effect. Needless to say, our topic today is very timely, discussing the history of public displays of the Ten Commandments in public schools.
My guests are Mark David Hall and Andrea Picciotti-Bayer, who wrote an article on the topic pending publication in the William and Mary Bill of Rights Journal entitled Ten Commandments in the Public Square and Public Schools (draft here).
Mark David Hall (bio) joined the faculty of the Robertson School of Government at Regent University in 2023. He is one of the most outstanding scholars of early America, whose many distinguished publications have argued persuasively for the crucial importance of Christianity in the flourishing of America’s experiment in ordered liberty.
Andrea Picciotti-Bayer (bio) is Director of the Conscience Project. A Stanford-educated lawyer, she has dedicated her legal career to civil rights and appellate advocacy. She got her start as a trial and appellate attorney in the Civil Rights Division of the U.S. Department of Justice. Prior to leading the Conscience Project, she served as the legal advisor for the Catholic Association, filing amicus briefs with federal courts of appeal and the U.S. Supreme Court in key religious freedom and free speech cases.
Resources noted by the guests: RFI, John Witte's book, and The Sacred Rights of Conscience (Liberty Fund) book.
Cross & Gavel is a production of CHRISTIAN LEGAL SOCIETY. The episode was produced by Josh Deng, with music from Vexento.
