Committee cites Van Orden and outside defense groups as reasons for wording choice

Several committee members said they were consulting or relying on outside groups that have defended similar measures in other states and that those groups preferred language already vetted in litigation.

A committee member said, "They're saying here's the language we need in order for us to defend it," noting that outside attorneys would help pay for defense if the wording matched what courts had previously upheld. Members discussed that the attorney general ultimately defends state law, but that outside groups had provided recommended wording used in prior cases.

Katie from legal services confirmed the draft includes wording from the Supreme Court's Van Orden case and language referenced in a recent Fifth Circuit Texas decision. "The text that is, for the Ten Commandments in the Van Orden case and the 5th Circuit Texas case decision both use the versions that's provided in the proposed conference committee report," she said.

Committee members said the combination of permissive language and court-tested wording was intended to reduce the risk of a successful constitutional challenge while allowing local school boards to decide whether to display the material.