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An appeals court cleared the way Friday for a Louisiana law requiring the Ten Commandments to be placed in public school classrooms, removing a lower court bridge and ruling debate over religion in public education.
The 5th US Circuit Court of Appeals voted 12-6 to lift the block originally set for 2024, finding it too early to determine constitutionality. Critics say the requirement violates the separation of church and state, while supporters say the Ten Commandments are historic and the foundation of US law.
The court said in the majority opinion it was unclear how schools would display these poster-sized books, noting that the law allows additional content, such as the Mayflower Compact or the Declaration of Independence, to appear alongside the Ten Commandments.
The majority wrote that there were insufficient facts to “allow the court’s judgment rather than speculation” when evaluating potential First Amendment concerns.
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An appeals court on Friday removed a lower court’s bridge over Louisiana’s Ten Commandments class action law, bringing the move closer. (John Bazemore/AP)
In a similar opinion, District Judge James Ho, who was appointed by President Donald Trump, wrote that the law was constitutional and “consistent with our original traditions.”
“It is fully consistent with the Constitution, and moreover, it reinforces the strong belief of our founders that American children should be taught about the religious and cultural foundations of our country,” Ho said, adding that the law “affirms our Nation’s highest and most respected traditions.”
District Judge James L. Dennis, an appointee of former President Bill Clinton, wrote in a dissenting opinion that displaying the Ten Commandments in classrooms would amount to “exposing children to a state-sanctioned religion in the presence of coercive people.”
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The decision of the federal court of appeals on Feb. 20 we allow the jurisdiction of the Louisiana Ten Commandments class to continue for the time being. (Jay Janner/Austin American-Statesman via Getty Images)
“That’s exactly the kind of establishment the Framers expected and wanted to prevent,” he added.
The ACLU of Louisiana and other plaintiffs’ groups say they will pursue other legal challenges to block the law.
“Today’s decision is deeply disappointing and will unnecessarily force Louisiana public school families to play a constitutional game across school districts,” the groups wrote in a joint statement. “Long-standing court precedent makes it clear that our clients need not submit to the very harm they seek to prevent before taking legal action to protect their rights.”
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Louisiana Gov. Jeff Landry praised the appeals court’s decision on Feb. 20 which allows the Ten Commandments class rule to continue. (AP Photo/Mark Schifelbein, file)
Republican Governor Jeff Landry on Friday praised the court’s decision, writing on Facebook, “Common sense is returning!”
Louisiana Attorney General Liz Murrill issued a statement following the ruling, saying schools “must follow the law.”
“Thou shalt not kill or steal should not be controversial. My office has issued clear guidance to our public schools on how to follow the law, and we have made many examples of posters showing how it can be used constitutionally,” he said.
Louisiana Attorney General Liz Murrill said schools must follow the Ten Commandments display law after an appeals court overturned a lower court on February 20. (Chris Graythen/Getty Images)
Joseph Davis, the attorney representing Louisiana in the case, welcomed the court’s decision.
“If the ACLU had its way, all traces of religion would be removed from our public life,” he said in a statement. “That position is inconsistent with our nation’s traditions and our Constitution. We are pleased that the Fifth Circuit has allowed Louisiana to display the Ten Commandments in its public school classrooms.”
Friday’s decision came after the full court agreed to reconsider the case, three months after a three-judge panel ruled that Louisiana’s law was unconstitutional.
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A similar law in Arkansas is facing a federal court challenge, while Texas implemented a Ten Commandments class requirement last year.
The Associated Press contributed to this report.
