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Committee advances bill letting local districts display Ten Commandments; 15-4 vote

House Education Committee · February 3, 2026
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Summary

The House Education Committee passed House Bill 47, which would allow local education agencies to display the Ten Commandments alongside other historical documents if presented in historical context. The measure passed 15-4 after testimony and legal questions about church–state limits.

The House Education Committee voted to advance House Bill 47, a permissive measure that would allow local school districts to display the Ten Commandments "among other historical documents" if the materials are presented in a historical context. The clerk recorded 15 ayes and 4 nays and the bill was moved to calendar rules.

Supporters, including the bill's sponsor, said the measure restores local control and offers schools a narrow, optional way to present the Ten Commandments alongside founding documents. Representative Hale, the sponsor, said the bill "gives local authority back to the locals" and emphasized the law is permissive rather than mandatory. Opponents warned the change risks entangling schools in constitutional litigation and alienating non-Christian students.

Public testimony included Macy Fluharty, a Davidson County resident, who urged lawmakers to amend the bill to remove religious texts from its permissions. "The establishment clause states there shall be no establishment of religion within our government," Fluharty said, arguing the measure blurs the line between church and state. Committee legal counsel Katie Robertson reviewed precedent, citing Stone v. Graham and lower-court rulings that struck down mandatory postings of the Ten Commandments in public schools, and warned lower courts continue to rely on those holdings.

During debate members asked whether a permissive "may" statute shields districts from lawsuits, and several lawmakers said permissive language could still leave local education agencies to defend litigation at their own expense. Representative Johnson warned that permissive authority could "leave the LEA fighting that lawsuit on their own," noting many districts lack the resources to litigate costly constitutional cases. The sponsor said whether the state would indemnify a district would be determined by later legal or court processes.

After deliberation, the committee called the question and advanced HB47 to the next stage with a recorded 15-4 vote. The committee sent the bill to calendar rules for further consideration.