Court clears way for Louisiana law requiring Ten Commandments in classrooms to take effect
Political and Legal
A U.S. appeals court has cleared the way for a Louisiana law requiring poster-sized displays of the Ten Commandments in public school classrooms to take effect.
The 5th U.S. Circuit Court of Appeals voted 12-6 to lift a block that a lower court first placed on the law in 2024. In the opinion released Friday, the court said it was too early to make a judgment call on the constitutionality of the law.
That’s partly because it’s not yet clear how prominently schools may display the religious text, if teachers will refer to the Ten Commandments during classes or if other texts like the Mayflower Compact or the Declaration of Independence will also be displayed, the majority opinion said.
Without those sorts of details, the panel decided it did not have enough information to weigh any First Amendment issues that might arise from the law. In other words, there aren’t enough facts available to “permit judicial judgment rather than speculation,” the majority wrote in the opinion.
In a concurring opinion, Circuit Judge James Ho, an appointee of Republican President Donald Trump, wrote that the law “is not just constitutional — it affirms our nation’s highest and most noble traditions.”
In a concurring opinion, Circuit Judge James Ho, an appointee of Republican President Donald Trump, wrote that the law “is not just constitutional — it affirms our nation’s highest and most noble traditions.”
Republican Gov. Jeff Landry celebrated the ruling Friday, declaring, “Common sense is making a comeback!”
The ACLU of Louisiana, one of several groups representing plaintiffs, pledged to explore all legal pathways to continue fighting the law.
Arkansas has a similar law that has been challenged in federal court. And a Texas law took effect on Sept. 1, marking the widest reaching attempt in the nation to hang the Ten Commandments in public schools.
Some Texas school districts were barred from posting them after federal judges issued injunctions in two cases challenging the law, but they have already gone up in many classrooms across the state as districts paid to have the posters printed themselves or accepted donations.
The laws are among pushes by Republicans, including Trump, to incorporate religion into public school classrooms. Critics say it violates the separation of church and state, while backers say the Ten Commandments are historical and part of the foundation of U.S. law.
Joseph Davis, an attorney representing Louisiana in the case, applauded the court for upholding America’s “time-honored tradition of recognizing faith in the public square.”
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