Appeals Court Says Louisiana Violated Constitution by Requiring Schools to Display Ten Commandments

The court ruled that the bill mandating the display of the Ten Commandments in each classroom violated the First Amendment.

A copy of the Ten Commandments is posted along with other historical documents in a hallway of the Georgia Capitol in Atlanta on June 20, 2024. John Bazemore/AP

A federal appeals court stated on June 20 that Louisiana violated the Constitution by requiring public school classrooms to display the Ten Commandments.

The law, known as House Bill 71, mandated that public schools in the state display a framed document or poster with the Ten Commandments in each classroom no later than Jan. 1. A group of parents filed a lawsuit, alleging a violation of the First Amendment.

A federal court ruled in the parents’ favor, and on June 20, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit affirmed that decision.

One of the state’s primary arguments was that the plaintiffs shouldn’t be able to sue over religious imagery based on the mere offense they feel from seeing it. The appeals court stated that the plaintiffs had shown they would face an irreparable deprivation of their First Amendment rights if not permitted to pursue the legal action.

A portion of the Fifth Circuit’s decision indicated that the display would infringe on parents’ right to direct the religious upbringing of their children.

Louisiana’s Legislature argued that the Ten Commandments are in accordance with the nation’s history. It stated that the law “reflected the understanding of the founders of our nation with respect to the necessity of civic morality to a functional self-government.”

While the Fifth Circuit acknowledged that the Ten Commandments contained “basic principles that are part of a civilized society,” it also stated that “they come from religious texts and include commandments that have clear religious import.”

Members of Louisiana’s government brought the appeal in 2024 after U.S. District Judge John deGravelles issued a preliminary injunction on the law. He also ordered the state superintendent to issue notice of his order and the law’s unconstitutionality to public schools, including charter schools and postsecondary schools, in the state.

That notice requirement was “an extraordinary abuse of discretion,” the superintendent and other members of the government said.

“The Notice Provision violates the State’s own free speech rights,” they said in a filing in 2024.

“The district court has commanded Louisiana officials to extend the district court’s injunction by using Louisiana’s own voice to influence non-parties to the litigation.”

The American Civil Liberties Union (ACLU) praised the Fifth Circuit’s decision.

“This is a resounding victory for the separation of church and state and public education,” ACLU Senior Staff Attorney Heather Weaver said in a statement.

“With today’s ruling, the Fifth Circuit has held Louisiana accountable to a core constitutional promise: Public schools are not Sunday schools, and they must welcome all students, regardless of faith.”

The case could reach the Supreme Court, which has ruled that a similar law in Kentucky was unconstitutional. The Fifth Circuit cited that case, Stone v. Graham, in determining Louisiana’s law as “plainly unconstitutional.”

According to the appeals court, a Ten Commandments display that meets Louisiana’s minimum requirements is “materially identical to the displays challenged in Stone.”

In a statement provided to The Epoch Times, Louisiana Attorney General Liz Murrill said she would challenge the ruling.

“We strongly disagree with the Fifth Circuit’s affirmance of an injunction preventing five Louisiana parishes from implementing HB71,” Murrill said. “We will immediately seek relief from the full Fifth Circuit and, if necessary, the U.S. Supreme Court.”