Louisiana Ten Commandments law advances as 5th Circuit lifts block
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A federal appeals court on Friday cleared the way for a Louisiana law requiring the Ten Commandments to be displayed in public schools, lifting a lower court blockade and reigniting the debate over religion in public education.
The 5th U.S. Circuit Court of Appeals voted 12-6 to lift a block first implemented in 2024, finding it was too early to determine the law’s constitutionality. Critics argue that this requirement violates the separation of church and state, while supporters say the Ten Commandments are historical and foundational to U.S. law.
In its majority opinion, the court noted that it was unclear how schools should display poster-size materials, 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 “permit judgment rather than speculation” in considering possible First Amendment concerns.
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A federal appeals court on Friday lifted the lower court’s block on Louisiana’s Ten Commandments class law, moving the measure closer to taking effect. (John Bazemore/AP)
Circuit Judge James Ho, appointed by President Donald Trump, agreed, writing that the law is constitutional and “consistent with our founding traditions.”
“It is fully consistent with the Constitution and, furthermore, it reinforces our Founders’ belief that America’s children should be educated in the religious foundations and traditions of our country,” Ho said, adding that the law “affirms our Nation’s highest and noblest traditions.”
Circuit Judge James L. Dennis, appointed by former President Bill Clinton, wrote in his dissenting opinion that displaying the Ten Commandments in classrooms would amount to “exposing children to government-sanctioned religion in an environment of mandatory attendance.”
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The federal appeals court’s Feb. 20 decision allows Louisiana’s Ten Commandments class jurisdiction to continue for now. (Jay Janner/Austin American-Statesman via Getty Images)
“This is exactly the kind of establishment the Framers envisioned and tried to prevent,” he added.
The ACLU of Louisiana and other groups representing the plaintiffs said they would file additional legal challenges to block the law.
“Today’s decision is extremely disappointing and will unnecessarily force Louisiana’s public school families into a game of constitutional whack-a-mole in every school district,” the groups wrote in a joint statement. “Longstanding judicial precedent makes clear that our clients do not have to endure the harms 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 Feb. 20 decision allowing the Ten Commandments class law to move forward. (AP Photo/Mark Schiefelbein, file)
On Friday, Republican Gov. Jeff Landry posted on Facebook, “Common sense is returning!” He praised the court’s decision by writing.
Louisiana Attorney General Liz Murrill made a statement after the decision and said that schools “must follow the law.”
“Do not kill or steal should not be a controversial issue. My office has issued clear instruction to our public schools on how to comply with the law, and we have produced numerous examples of posters showing how it can be constitutionally enforced,” he said.
Louisiana Attorney General Liz Murrill said schools must follow the Ten Commandments law after a federal appeals court lifted the lower court block on Feb. 20. (Chris Graythen/Getty Images)
Joseph Davis, the attorney representing Louisiana in the case, celebrated the court’s decision.
“If the ACLU had its way, every trace of religion would be erased from the fabric of our public life,” he said in a statement. “This position is contrary to our nation’s traditions and our Constitution. We are pleased that the Fifth Circuit allowed Louisiana to display the Ten Commandments in public school classrooms.”
Friday’s decision came months after a three-judge panel ruled the Louisiana law was unconstitutional, after the full court agreed to reconsider the case.
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A similar law in Arkansas is facing challenge in federal court, while Texas implemented its own Ten Commandments classroom mandate last year.
The Associated Press contributed to this report.
