Ten Commandments legislation rewritten
By MICHAEL NEIBAUER
Journal staff writerDel. L. Scott Lingamfelter, R-Woodbridge, has rewritten his Ten Commandments legislation into what he believes is a constitutionally defensible and value-driven, rather than a religious document.
In the original bill, Lingamfelter proposed that local school divisions be given the option to place the Ten Commandments in their schools. After a debate two weeks ago before the Courts of Justice Committee that ended without a vote, Lingamfelter said he realized his legislation might not stand up to a First Amendment litmus test.
So he went back to the drawing board, read related court decisions and came up with the ``transcendent values in historical texts" bill, an amendment in the form of a substitute.
The rewrite authorizes the creation of a single poster which includes the Ten Commandments, the first sentence of the second paragraph of the Declaration of Independence, two clauses from the Constitution of Virginia and the First Amendment to the U.S. Constitution.
The state Board of Education, in consultation with the attorney general's office, would develop guidelines as to exactly how the poster is designed and where it is displayed in public schools.
``What I'm really trying to do is give local school boards the option to put before kids the values that kind of knit the system of law and freedom," said Lingamfelter, whose altered bill is scheduled for debate Monday in the Courts of Justice Commttee.
The combination of the four texts, he said, demonstrates a ``rich, rich history of linked values" and the evolution of law in America.
Besides the Ten Commandments, the three remaining texts define the basic American ideals of equality, freedom from state established religion and freedom of religious expression.
``I've scanned [the substitute bill] and I think it's a much better approach than the first bill in terms of overcoming some of the constitutional objections people had at that first hearing," said Del. Robert F. McDonnell, R-Virginia Beach, a Courts of Justice Committee member.
McDonnell said it was once common in law schools to use the Ten Commandments, in conjunction with other historical documents, to trace the modern legal system back to its Judeo-Christian beginnings. But that educational technique, he said, has been forgotten over time as schools grow more secular.
``All [Lingamfelter is] trying to do is say, `Look, if you're going to use religious materials in your schools for a secular purpose, then it's OK to do that,'" McDonnell said. ``You can't proselytize, but at the same time you don't want to discourage any facet of religion."
Lingamfelter said he expects the posters would be placed in history and government classrooms where the texts would be applicable to the learning taking place. But those decisions are up to the Board of Education and the attorney general, who would be responsible for defending the law if the state or a local school district is taken to court.
``Where I expect the opponents to fall short, where I hope they fall short, is the recognition that we have historical linkage here," Lingamfelter said. ``I just feel like it's time to stand up and be counted and not be ashamed of the values that underline our nation."
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McDonnell said it was once common in law schools to use the Ten Commandments, in conjunction with other historical documents, to trace the modern legal system back to its Judeo-Christian beginnings. But that educational technique, he said, has been forgotten over time as schools grow more secular.Our legal system is not based on 'Judeo-Christian' beginnings. It is based on Roman law. I can hardly imagine what the legal system would be like if it actually were based on Christ's teachings. 'Turn the other cheek' is certainly not one of the principles of modern law.