The Fifth Circuit voted 12-6 to lift an injunction and allow Louisiana to begin enforcing a 2024 law that requires poster-sized displays of the Ten Commandments in all public classrooms. The court said it was premature to decide the law’s constitutionality because it has not yet taken effect and key implementation details remain unclear. Supporters call the measure a recognition of historical traditions; opponents including the ACLU and the Freedom From Religion Foundation vow further legal challenges. Similar statutes in other states are facing their own court battles.
Appeals Court Clears Way for Ten Commandments Posters in Louisiana Classrooms — Legal Battle Continues
Louisiana’s attorney general, Liz Murrill, holds up a display of the Ten Commandments in Baton Rouge, Louisiana, on 5 August 2024.Photograph: Hilary Scheinuk/AP(Photograph: Hilary Scheinuk/AP)
A federal appeals court on Friday cleared a path for Louisiana to enforce a controversial 2024 law that mandates poster-sized displays of the Ten Commandments in every public classroom, lifting a preliminary injunction that had blocked the measure.
Court Decision and Reasoning
The U.S. Court of Appeals for the Fifth Circuit voted 12-6 to remove the injunction. A majority said it was premature to decide the law’s constitutionality because the statute has not yet taken effect and key implementation details remain unknown. Judges pointed to uncertainties including how prominently the posters will be displayed, whether teachers will reference the Ten Commandments in class, and whether other civic texts might be posted alongside them.
Rehearing and Judicial Opinions
The court heard the case en banc after three judges had earlier ruled the law unconstitutional. In a concurring opinion, Circuit Judge James Ho wrote that the law 'is not just constitutional — it affirms our nation’s highest and most noble traditions.' Several dissenting judges warned the mandate risks official endorsement of religion in a setting where attendance is compulsory. Circuit Judge James L. Dennis described the measure as 'precisely the kind of establishment the Framers anticipated and sought to prevent.'
What the Law Requires
Under the statute, every public elementary, middle and high school classroom, as well as classrooms at public colleges and universities, must display the Ten Commandments on a poster or framed document at least 11 by 14 inches. The text must be the 'central focus' and printed in a large, easily readable font.
Reactions and Next Steps
Louisiana Governor Jeff Landry praised the decision on social media, calling it a return of 'common sense,' while Attorney General Liz Murrill urged schools to 'follow the law' and distributed examples of compliant posters. Civil-liberties groups vowed further action: the Freedom From Religion Foundation called the ruling 'extremely disappointing' and warned parents will face a 'constitutional whack-a-mole' challenging local displays, while the ACLU of Louisiana called the decision 'disgraceful and deeply harmful' and pledged to continue legal challenges.
Impact: The Fifth Circuit's order allows the law to be enforced while litigation continues. The ruling applies only to Louisiana; similar statutes in other states, including Texas and Arkansas, remain the subject of separate legal battles.
Legal Context
The issue carries a fraught legal history. In 1980 the U.S. Supreme Court struck down a Kentucky law requiring Ten Commandments displays, finding it had 'no secular purpose' and was 'plainly religious in nature.' In 2005 the Court again found certain courthouse displays unconstitutional, while upholding a monument located on Texas state capitol grounds. Those precedents will likely shape subsequent challenges and any eventual Supreme Court review.
For now, the Fifth Circuit's decision keeps the law enforceable while questions about implementation and constitutionality continue to be litigated.
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