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Federal appeals court allows Louisiana to display Ten Commandments in public schools

The court agreed with the state that “it was premature to decide the law’s constitutionality before it had been enacted.”

Ten Commandments
Ten Commandments. Credit: Shawshank66/Pixabay.

A federal appeals court has ruled that Louisiana may begin enforcing its law requiring the Ten Commandments be displayed in public school classrooms, setting up a major constitutional fight over religion in government-funded education.

On Feb. 20, the full U.S. Court of Appeals for the Fifth Circuit voted 12-6 to lift a lower court injunction that had blocked HB 71, a law signed by Gov. Jeff Landry in June 2024.

The American Civil Liberties Union and other civil-rights groups filed suit soon after the law was enacted, arguing that children would not be able to avoid exposure to a distinctly religious message in compulsory classroom settings.

Opponents also argued that requiring the commandments to be posted in school classrooms violates the First Amendment’s prohibition on government establishment of religion.

The court agreed with Louisiana that “it was premature to decide the law’s constitutionality before it had been enacted.”

Joseph Davis, senior counsel representing the state of Louisiana, praised the decision, stating, “If the ACLU had its way, every trace of religion would be scrubbed from the fabric of our public life.”

“That position is at odds with our nation’s traditions and our Constitution,” Davis added.

Under HB 71, classrooms in public elementary, secondary and post-secondary schools would be required to display a poster-size copy of the Ten Commandments alongside a contextual statement explaining the text’s historical influence on American law and government.

Schools may also include other historical documents, such as the Declaration of Independence or the Mayflower Compact, with the display.

The ACLU, which has stated that it “will continue fighting for the religious freedom of Louisiana’s families,” has 90 days to appeal the ruling to the U.S. Supreme Court.

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