While legal proceedings regarding the validity of Louisiana’s contentious Ten Commandments Law continue, the country’s most conservative federal appeals court has denied Louisiana’s request to start implementing the law.
In June, Louisiana became the first state to enact legislation mandating that the Ten Commandments be displayed in all public school classrooms by January 1, 2025. The new law mandates that the commandments be presented in a large, easily accessible type on a poster or framed document that measures at least eleven by fourteen inches.
In response to questions regarding the validity of the law, Republican Governor Jeff Landry of Louisiana boasted, “I can’t wait to be sued,” and maintained the measure was a way to honor the original law giver, Moses.
The ACLU challenged the law in court on behalf of Louisiana families whose children were enrolled in public schools, calling it clearly illegal.
Barack Obama appointment U.S. District Judge John W. deGravelles concurred with the ACLU and declared on November 12 that the law’s openly religious intent rendered it illegal on its face. He also ordered a preliminary injunction to prevent its implementation.
But last week, the conservative U.S. Court of Appeals for the Fifth Circuit narrowed deGravelles’ injunction by ruling 2-1 that it only applied to the five public school districts—East Baton Rouge, Livingston, Orleans, St. Tammany, and Vernon parishes—that are actually named as defendants in the lawsuit. The majority was composed of U.S. Circuit Judges Kurt Engelhardt, appointed by Donald Trump, and Jerry Edwin Smith, appointed by Ronald Reagan. James E. Graves, who was appointed by Barack Obama, stated that he would have turned down Louisiana’s request.
Then, as the underlying action continues, Louisiana Attorney General Liz Murrill requested that the Fifth Circuit lift a temporary halt to the law’s enforcement. On Wednesday, however, the appeals court rejected the request and upheld deGravelles’ order. However, accelerated oral arguments were planned for the case and are now due for January 23.
Heather Weaver, a senior staff attorney for the American Civil Liberties Union, expressed her satisfaction that the Court of Appeals upheld the district court’s order. This law is unlawful on its face, according to the district court’s ruling.
“We look forward to continuing to defend this clearly constitutional law,” Murrill said, adding that it was crucial to understand that this is a preliminary finding that only pertains to the five school boards who were sued.
More than 40 years ago, the U.S. Supreme Court declared that legislation mandating the Ten Commandments be posted in classrooms were unconstitutional.That precedent has never been reversed, and its finding has been supported by a number of subsequent decisions. Other states, such as Texas, Oklahoma, and Utah, have tried to impose similar laws requiring the Ten Commandments to be displayed in classrooms in recent years, but none of them have been able to overcome legal obstacles.
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