NEW ORLEANS– Louisiana’s plan to equip all state public school classrooms with the Ten Commandments remains on hold following an order from a federal appeals court in New Orleans.
The 5th U.S. Circuit Court of Appeals rejected a state request for a temporary stay previous order by U.S. District Judge John deGravelles in Baton Rouge as the trial continues. Arguments before a 5th Circuit panel are scheduled for Jan. 23.
The state contends that deGravelles’ order only affects the five school districts that are defendants in a legal battle. But it is unclear whether and how the law would be enforced in the state’s 67 other counties as the appeal proceeds.
“We are pleased that the Court of Appeals left the trial court’s order fully intact,” said Sam Grover, an attorney at the Freedom From Religion Foundation. “As the court ruled, this law is unconstitutional on its face.”
The attorney general’s office did not immediately respond to an email seeking comment.
DeGravelles ruled that the law, passed this year by the Republican Party-dominated Legislature, was “overtly religious” and “unconstitutional on its face.” He also said it amounted to unconstitutional religious coercion by the government on students, who are legally required to attend school.
Republican Gov. Jeff Landry signed the bill passed into law in June, prompting a group of Louisiana public school parents of different faiths to file a lawsuit. They argue that the law violates First Amendment provisions that prohibit the government from establishing a religion or blocking the free exercise thereof. They also say the proposed poster-sized exhibit would isolate students, especially those who are not Christian. The parents argue this further the version of the Ten Commandments specified in the law is favored by many Protestants and does not correspond to any version found in Jewish tradition.
Proponents say the Ten Commandments are not exclusively religious and have historical significance for the foundation of American law. Louisiana’s Republican Attorney General Elizabeth Murrill has said she disagrees with DeGravelles’ ruling and that the law is constitutional under Supreme Court precedent.
The state’s loss in court on wednesday came after a partial victory last week. DeGravelles’ original order included instructions that state education officials should notify all school districts of his finding that the law is unconstitutional. A 5th Circuit panel temporarily blocked this notice argument after the state argued that only counties that are defendants in the lawsuit — in East Baton Rouge, Livingston, St. Tammany, Orleans and Vernon parishes — are affected by deGravelles’ order.
However, that temporary block was lifted with Wednesday’s order, Grover said.
In recent years, similar bills have been introduced in states and other states that would require the Ten Commandments to be displayed in classrooms TexasOklahoma and Utah. None have succeeded.
In 1980, the Supreme Court ruled that a similar law in Kentucky was unconstitutional. The court ruled that the law had a clear religious purpose and not a secular purpose.