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2018 Op. Ark. Att'y Gen. 1 (2018)

handle is hein.sag/sagar0110 and id is 1 raw text is: STATE OF ARKANSAS ATTORNEY GENERAl LESLIE RUTLEDGE Opinion No. 2017-101 March 27, 2018 The Honorable Les Eaves State Representative 102 Club Cove Searcy, AR 72143-7440 Dear Representative Eaves: I am writing in response to your request for an opinion as to whether Act 911 of 2017 is preempted by federal law or subject to other constitutional concerns. RESPONSE Act 911 (the Act) calls for posters with the national motto, In God We Trust, to be displayed in Arkansas's public schools and state agencies if voluntary donations are available to cover their cost.' In my opinion, federal law does not preempt the Act. And the Act does not violate the Establishment Clause (or any other clause) of the United States Constitution. The United States Supreme Court has set forth several different tests used to analyze whether government action violates the Establishment Clause. The Court uses different tests in different circumstances, and it is not perfectly clear which test would be used here. But, in my opinion, the Act likely passes constitutional scrutiny regardless of the test applied. First, there is nothing unconstitutional about the use of religious subjects or materials in public schools as long as it is presented as part of a secular program of education.2 The Act roots the national motto firmly in a civic- historical context by requiring that the posters display the United States and See Acts 2017, No. 911 (An Act to Amend Arkansas Law Concerning the Display of the National Motto of the United States, 'In God We Trust'; And for Other Purposes) (to be codified at Ark. Code Ann. § 1-4-133). 2Florey v. Sioux Falls School Dist. 49-5, 619 F.2d 1311, 1329 (8th Cir. 1980). 323 CENTER STREET, SurrE 200 Lii ILE ROCK, ARKANSAS 72201 TELETHONE (501) 682-2007 FAX (501) 682-8084 ARKANSASAG.GOV

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