The Ten Commandments
Why the Judeo-Christian decalog is incompatible with the Constitution and religious liberty
by Mitchell Kahle

The citizens of this great country are free to practice their chosen religion. Unless government can demonstrate a "compelling interest," it may not interfere in or prohibit any religious practice.

"We the people of the United States, in Order to form a more perfect Union," established the Constitution of the United States to protect every individual's right to "...Life, Liberty, and the pursuit of Happiness."

The First Amendment to the Constitution of the United States reads:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

According to Deuteronomy 5:22, the Ten Commandments were inscribed by "God" himself on two stone tablets. The biblical quotations below are from Deuteronomy 5:6-21.

The First Commandment

"I am the LORD your God.... You shall have no other gods before me."

This commandment clearly prohibits the "free exercise" of religion. Whereas, the Free Exercise Clause guarantees the freedom to worship any god or practice any religion.

The Second Commandment

"You shall not make for yourself an idol.... You shall not bow down to them or worship them...."

The Constitution includes no provision for idolatry nor are there currently any civil laws which prohibit idol worship. The Free Exercise Clause guarantees the freedom to worship anything, including symbolic icons.

The Third Commandment

"You shall not misuse the name of the LORD your God...."

The First Amendment prohibits any law which may "...[abridge] the freedom of speech, or of the press...."

The Fourth Commandment

"...Six days you shall labor and do all your work, but the seventh day is a Sabbath to the LORD your God. On it you shall not do any work...."

The Constitution includes no provision for any official "day of rest" or "holy" time. Some states still enforce so-called "blue laws" which restrict certain commercial activities on Sunday.

The Fifth Commandment

"Honor your father and your mother...."

The Constitution does not make any specific references to relationships between parents and their children. The Congress and the States have passed numerous laws which protect children from parental abuse and neglect.

The Sixth Commandment

"You shall not murder."

The Constitution does not specifically address murder. The Fourth Amendment does however protect "The right of the people to be secure in their persons...." Congress and the States have passed numerous laws designed to prevent murder by applying severe penalties, including life imprisonment and death.

The Seventh Commandment

"You shall not commit adultery."

The Constitution contains no provision concerning sexual relationships or marriage. The US military does however prohibit adultery under its "codes of conduct."

The Eighth Commandment

"You shall not steal."

The Fourth Amendment protects Americans from theft or seizures of their property by the government. Congress and the States have passed numerous laws which protect property from theft by imposing penalties on persons convicted of this crime.

The Ninth Commandment

"You shall not give false testimony against your neighbor."

The Fifth, Sixth, and Seventh Amendments to the Constitution protect Americans from undue penalty or prosecution without "due process." Tort laws provide a means of imposing financial penalties which discourage most slander and libel. Criminal penalties for perjury encourage truthful legal testimony.

The Tenth Commandment

"You shall not covet your neighbor's wife...[or] your neighbor's house or land, ...or anything that belongs to your neighbor."

The Constitution does not include provisions concerning "personal desires."

Commandments 1-4 are purely religious and applicable only to Judeo-Christianity. The basic issues raised in Commandments 5-10, excluding references to "God," are addressed - where necessary - by civil laws written to prevent certain actions and their perceived negative consequences.

The Constitution is a living document which evolves (by the amendment process set forth in Article V) as our nation grows and changes. Whereas the Ten Commandments is an archaic and immutable document.

In summary, the Constitution of the United States and the Ten Commandments of Judeo-Christianity are fundamentally incompatible.

A bill was recently introduced in the House Judiciary Committee to establish the Religious Freedom Amendment (RFA) to the US Constitution. It reads as follows:

"To secure the people's right to acknowledge God according to the dictates of conscience: The people's right to pray and to recognize their religious beliefs, heritage or traditions on public property, including schools, shall not be infringed. The government shall not require any person to join in prayer or other religious activity, initiate or designate school prayers, discriminate against religion, or deny equal access to a benefit on account of religion."

Representative Patsy Mink (D-Hawaii) made the following statements concerning the proposed RFA.

"The First Amendment is designed to protect the freedom of every individual to worship (or not worship) as one wishes without government interference. The government should show no favoritism between religion and non-religion nor should it in effect force others to worship. I will not support amending the Constitution if it reduces the protections of our diverse population, as [RFA] does."

Amendments to the Constitution are rare; the most recent Amendment (the 26th) was ratified on June 30, 1971. Amendments are designed to protect the rights of disenfranchised citizens; they must never create "special" rights for any individual or group.

The RFA is designed to create "a special class of religious rights" that would supersede the rights of persons who do not profess belief in any god or subscribe to the tenets of any religion. If ratified, this Amendment could not easily coexist with the Ninth Amendment, which reads:

"The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

The RFA is an adverse political reaction to the recent 6-3 decision of the US Supreme Court declaring the Religious Freedom Restoration Act (RFRA) unconstitutional. RFRA was a relatively new law, passed by Congress and signed by President Clinton in 1993.

The following quotation is from Justice John Paul Stevens in his opinion striking down RFRA.

"If the historic landmark on the hill in Boerne happened to be a museum or an art gallery owned by an atheist, it would not be eligible for an exemption from the city ordinances that forbid an entanglement of the structure. Because the landmark is owned by the Catholic Church, it is claimed that RFRA gives its owner a federal statutory entitlement to an exemption from a generally applicable, neutral civil law. Whether the Church would actually prevail under the statute or not, the statute has provided the Church with a legal weapon that no atheist or agnostic can obtain. This governmental preference for religion, as opposed to irreligion, is forbidden by the First Amendment...."

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