A federal appeals court cleared the way Friday for a Louisiana law requiring the Ten Commandments to be displayed in public school classrooms, lifting a lower court block and reigniting debate over religion in public education.
The 5th U.S. Circuit Court of Appeals voted 12-6 to lift a block first imposed in 2024, finding it was too early to determine the constitutionality of the law.
Critics argue the requirement violates the separation of church and state, while supporters say the Ten Commandments are historical and foundational to U.S. law.
The court said in the majority opinion that it was unclear how schools would display the poster-sized materials, noting that the law allows additional content, like the Mayflower Compact or the Declaration of Independence, to appear alongside the Ten Commandments.
The majority wrote that there were not enough facts to “permit judicial judgment rather than speculation” when evaluating potential First Amendment concerns.
In a concurring opinion, Circuit Judge James Ho, who was appointed by President Donald Trump, wrote that the law was constitutional and “consistent with our founding traditions.”
“It is fully consistent with the Constitution, and what’s more, it reinforces our Founders’ firm belief that the children of America should be educated about the religious foundations and traditions of our country,” Ho said, adding that the law “affirms our Nation’s highest and most noble traditions.”
Circuit 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 government‑endorsed religion in a setting of compulsory attendance.” --->READ MORE HERE
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A federal appellate court has cleared the way for displays of the Ten Commandments in every Louisiana public school classroom, removing an order that stopped state officials from enforcing a law that requires them.
In a decision issued Friday from its full roster of 18 judges, the U.S. 5th Circuit Court of Appeals reversed a June decision from a three-judge panel that determined the 2024 state law was “plainly unconstitutional” and upheld a preliminary injunction blocking enforcement of the law. Friday’s ruling lifts that injunction and allows the state to mandate all schools display the Ten Commandments in every classroom.”
Five judges on the 5th Circuit dissented with the unsigned majority opinion that placed emphasis on not knowing exact details of what the displays would look like once placed in classrooms. Attorney General Liz Murrill has provided examples and guidance for displays to follow the law, but local school districts have authority to determine what they look like.
Without any context, appellate judges said in the opinion they were unwilling to rule based on conjecture.
“It would oblige us to hypothesize an open-ended range of possible classroom displays and then assess each under a context-sensitive standard that depends on facts not yet developed and, indeed, not yet knowable,” the opinion reads. “That exercise exceeds the judicial function. guessing.”
The ruling stops short of declaring Louisiana’s law constitutional or saying it doesn’t violate the Establishment Clause of the First Amendment that prohibits a state-sanctioned religion.
However, in a concurring opinion, Judge James Ho, a federal court appointee of President Donald Trump in 2018, went further than the other judges in the majority.
“In sum, the Louisiana Ten Commandments law is not just constitutional — it affirms our Nation’s highest and most noble traditions,” Ho wrote.
Murrill issued a statement in response to the 5th Circuit ruling. Benjamin Aguiñaga, the state’s solicitor general, has argued the case before the 5th Circuit.
“Don’t kill or steal shouldn’t be controversial,” she said. “My office has issued clear guidance to our public schools on how to comply with the law, and we have created multiple examples of posters demonstrating how it can be applied constitutionally. Louisiana public schools should follow the law,” said Attorney General Liz Murrill. --->READ MORE HERE
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