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Senate narrowly approves bill to require posting and teaching of Ten Commandments in public schools

2159859 · January 29, 2025
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Summary

After hours of debate and two amendment votes, the South Dakota Senate passed SB 51 requiring display of the Ten Commandments and limited curricular instruction in public K–12 classrooms; the final vote was 18–17.

Pierre, S.D. — The South Dakota Senate passed Senate Bill 51 on final consideration Thursday, 18–17, a measure that requires public K–12 classrooms to display the Ten Commandments and directs schools to include them in limited classroom instruction.

Senator Carley, the bill's prime sponsor, framed the measure as a historical and civic lesson rather than a religious mandate, saying, "This is ultimately about history, not religion." He pointed to a recent U.S. Supreme Court decision and a 2024 Louisiana law as reasons states may now proceed with similar requirements and noted a letter on the desks of senators from Attorney General Marty Jackley saying, in part, "Should the South Dakota legislature choose to support a 10 Commandment law similar to Louisiana's, I would defend the law if challenged." The attorney general's letter was entered into the record during debate.

The bill drew sustained opposition from several senators who argued it usurps local control, imposes unfunded mandates and risks creating an unwelcoming environment for Indigenous and non-Christian students. Senator Smith said she opposed the bill and described it as an unfunded mandate: "Local control people, let your communities decide what's best for them." Senator Foster introduced Amendment 51E to add protections for Indigenous students and alternatives; that amendment failed on a voice vote. Senator Wheeler successfully moved Amendment 51D, which directs the state to hold school districts harmless for litigation costs related to the display requirement; the body approved that change by voice vote before final passage.

Senators debating the bill raised constitutional and practical questions: some urged reliance on the attorney general's pledge to defend the law, while others warned that litigation is likely given pending cases in other jurisdictions. Supporters argued the Ten Commandments reflect historical sources for American law and civic foundations; opponents said mandated posting and curricular inclusion exceed the legislature's proper role and may retraumatize Indigenous students.

Votes at final consideration were recorded as 18 yeas and 17 nays. The Senate journal entry and roll call recorded the vote and the passage of the bill as amended. The bill text specifies display standards, narrow curricular inclusion, and permits donated displays or donations to purchase displays; supporters said several organizations volunteered to cover display costs for schools.

The measure now proceeds according to legislative process for enrollment and transmission as required.

Ending: Senators may revisit implementation details, and several members said litigation in other states could shape how school districts implement the measure if it becomes law.