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General Rule: Displays of religious symbols, texts or artwork on school property are
impermissible unless a display is integrated into an appropriate secular curriculum. 52 The fact
that a display is donated by a private group or paid for by private funds will not affect
whether it is permissible under the Establishment Clause. 53
May a school permanently display the Ten Commandments within classrooms or on school
property? No. A temporary display of the Ten Commandments integrated into a secular curriculum
such as history or comparative religion may be permissible. 54 However, the Ten
Commandments are "undeniably" a religious text, and the Supreme Court and a number of
lower courts evaluating permanent displays of the Ten Commandments have found that such
displays have a predominantly religious purpose and violate the Establishment Clause. 55
May a school permanently display religious artwork within classrooms or on school property?
No. Similar to displays of the Ten Commandments, a temporary display of religious
artwork integrated into a secular curriculum may be permissible. However, courts also have
found that permanent displays of religious artwork have a predominantly religious purpose
and violate the Establishment Clause. 56
Sample Scenario:
Principal Displays Religious Painting in High School Hallway
Rob Franklin, a graduating high school senior who is heading off to art school, donates
a painting to his high school depicting the Last Supper of Jesus and his apostles.
Impressed by the quality of the work, Principal Bard hangs the painting in a hallway of
the school. A year later, Ms. Greene, the parent of a ninth-grader, sees the painting when
she visits the school for parent-teacher night. She later tells Principal Bard that the display
of the painting is inappropriate and asks that it be taken down.
Is the display of the painting permissible? Should Principal Bard take it down?
Principal Bard should take down the painting because its display violates the Establishment
Clause. The display is not temporary and integrated into a secular curriculum. Rather, it is a
permanent display representing a central event to the Christian faith, and therefore advances and
endorses religion. The fact that Rob donated the painting to the school does not diminish this
endorsement.
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