Louisiana Law Mandating Ten Commandments Display in Schools Deemed Unconstitutional; Appeals Pending
Louisiana Law Mandating Ten Commandments Display in Schools Deemed Unconstitutional; Appeals Pending
A federal judge, U.S. District Judge John deGravelles, ruled on Tuesday that a Louisiana state law requiring the display of the Ten Commandments in all public school classrooms is unconstitutional. The law, Act 71, signed by Governor Jeff Landry in June 2024, mandated the display of a “durable, permanent copy” of the Ten Commandments in all public elementary and secondary school classrooms beginning January 2025. The law’s stated rationale was that the Ten Commandments serve as “the fundamental legal code of Western Civilization and the Common Law of the United States.”
The lawsuit challenging the law was filed by parents and several groups, including the American Civil Liberties Union (ACLU), who argued that the law violated the religious rights of those who opposed the displays and conflicted with U.S. Supreme Court precedent. Judge deGravelles, appointed by President Barack Obama, agreed, stating in his ruling that the law was “overtly religious” and “unconstitutional on its face.”
The ruling initially included an order directing state education officials to notify all 72 local school boards of the decision. However, the 5th U.S. Circuit Court of Appeals issued a temporary administrative stay on Friday, limiting the scope of this notification requirement. The appellate court’s order maintains the unconstitutionality of the law itself but blocks the notification of all school systems, arguing that Judge deGravelles overstepped his authority by ordering notification beyond the five school districts named as defendants in the lawsuit. The state contends that the law remains in effect for the remaining 67 school systems pending the appeal.
The state, represented by Attorney General Elizabeth Murrill, a Republican, disagrees with the entire ruling and plans to appeal to the full 5th Circuit Court of Appeals and, if necessary, the U.S. Supreme Court. Attorney General Murrill stated, “We strongly disagree with the Fifth Circuit’s affirmance of an injunction preventing five Louisiana parishes from implementing HB71. We will immediately seek relief from the full Fifth Circuit and, if necessary, the United States Supreme Court.”
The 5th Circuit’s action represents a temporary reprieve for the state, allowing the law to remain potentially in effect for the majority of Louisiana’s school systems until the appellate process concludes. The appeals court’s decision to grant an administrative stay highlights the complex legal and constitutional issues surrounding the display of religious symbols in public schools, reflecting a long history of similar legal challenges across multiple states. Examples cited in news reports include legal battles in Kentucky, Oklahoma, Arizona, Utah, Texas, South Carolina, and other states concerning the display or attempted display of the Ten Commandments in public schools and on government property.
These past cases involved various legislative attempts to mandate or allow the display of the Ten Commandments, often citing their historical significance and influence on American law and morality. However, these attempts have repeatedly faced legal challenges based on the Establishment Clause of the First Amendment, which prohibits government endorsement of religion. The Louisiana case continues this pattern, with the outcome of the appeal potentially setting a significant precedent for future legal challenges related to the display of religious symbols in public spaces.
The current status is that the law remains subject to legal challenge and appeal. The 5th Circuit Court of Appeals’ temporary administrative stay allows the state to continue to pursue its appeal while preventing a potentially disruptive immediate implementation of the lower court’s notification order. The ultimate fate of Act 71 will depend on the outcome of the appeals process.
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