Lawmakers debate permissive versus mandatory displays as key compromise point

A central point of contention in the conference committee was whether the bill should require schools to display the Ten Commandments or make such displays permissive.

Chair Representative Hale urged members to accept permissive wording, saying the shift from "shall" to "may" "puts us in a much better posture" compared with other states that adopted mandates. Supporters argued permissive language avoids creating an unfunded mandate for local school systems while preserving the chance to revisit a mandatory standard later if litigation allows.

Representative Darby and others pressed for language they said outside attorneys could defend in court. Darby said groups willing to defend the policy "want specific language in this if it's ever going to court" and that those attorneys recommended wording that had previously been litigated. Several members acknowledged the possibility of lawsuits if the first school implemented the display, but said the permissive compromise would let local districts choose.

Lawmakers also discussed whether the draft should reference the original historical text of the Ten Commandments or use the version the Supreme Court considered in Van Orden. The committee ultimately agreed to keep the court-tested wording in the draft rather than relying solely on a "founding text" option.