Federal Appeals Court Allows Ten Commandments Displays in Public Schools

A federal appeals court has permitted Louisiana to enforce a law mandating the display of the Ten Commandments in public school classrooms, reversing a lower court's block. In a separate but related ruling, the same court allowed a similar Texas law to take effect in certain school districts. The decisions have been met with approval from state officials and plans for further legal challenges from opponents.

Louisiana Law Ruling

On Friday, the full 5th U.S. Circuit Court of Appeals voted 12-6 to lift an injunction that had blocked a 2024 Louisiana law. The law requires poster-sized displays of the Ten Commandments in every public school classroom.

Court's Rationale

The majority opinion stated it was premature to rule on the law's constitutionality. Judges cited a lack of specific details on implementation, such as how prominently the text would be displayed, whether teachers would reference it, or if other historical documents like the Mayflower Compact or Declaration of Independence would also be exhibited. The court concluded it needed more factual information to assess potential First Amendment issues.

Judicial Opinions

• Circuit Judge James Ho wrote a concurring opinion stating the law "is not just constitutional — it affirms our nation’s highest and most noble traditions."
• Six judges dissented. Circuit Judge James L. Dennis wrote that the law "is precisely the kind of establishment the Framers anticipated and sought to prevent," arguing it exposes children to government-endorsed religion in a mandatory setting.

Reactions and Context

• Louisiana Governor Jeff Landry, a Republican, welcomed the ruling.
• The ACLU of Louisiana, representing some plaintiffs, stated it would explore all legal avenues to continue challenging the law.
• Louisiana Attorney General Liz Murrill confirmed that examples of the required poster had been sent to schools.
• This ruling reverses a June decision by a three-judge panel from the same court that had found the law unconstitutional.

Texas Law Ruling

In a separate decision, a panel of the 5th U.S. Circuit Court of Appeals voted 9-8 on Tuesday to allow Texas to enforce its law requiring the display of the Ten Commandments in public school classrooms. This reversed a lower federal court decision that had blocked the law's implementation in approximately a dozen school districts.

Law Specifications and Rationale

The Texas law, which took effect September 1, requires schools to display donated posters of the Ten Commandments. The posters must be 16 inches by 20 inches and placed in a conspicuous location.

The court's majority opinion stated the requirement does not infringe on parental or student rights, noting that "No child is made to recite the Commandments, believe them, or affirm their divine origin."

Reactions

• Texas Attorney General Ken Paxton called the ruling "a major victory for Texas and our moral values."
• Groups challenging the law, including the American Civil Liberties Union, stated they anticipate appealing to the U.S. Supreme Court, arguing the decision violates First Amendment rights.
• In a dissenting opinion, Judge Stephen A. Higginson wrote that the framers of the Constitution intended to prevent governments from imposing religion.

Broader Legal and Political Context

Similar Laws in Other States

• Arkansas has a comparable law that is currently being challenged in federal court.
• Alabama has also passed a similar law requiring Ten Commandments displays in public schools.

Support and Opposition

Proponents of these laws, including some Republican officials, argue that the Ten Commandments are historical and foundational to U.S. law. Critics, including various civil liberties groups, contend the laws violate the constitutional separation of church and state. The laws have drawn legal challenges from families of diverse religious backgrounds—including Christianity, Judaism, and Hinduism—as well as from clergy members and nonreligious families.

Previous Supreme Court Precedents

• In 1980, the U.S. Supreme Court ruled that a similar Kentucky law violated the Establishment Clause of the First Amendment, finding it served a plainly religious purpose without a secular one.
• In 2005, the Supreme Court ruled that displays of the Ten Commandments in two Kentucky courthouses were unconstitutional, but it upheld a Ten Commandments marker on the grounds of the Texas state Capitol.