NEW ORLEANS – Louisiana’s plan to post the Ten Commandments in all public school classrooms next year is being halted by a federal appeals court in New Orleans on Wednesday.
The 5th U.S. Circuit Court of Appeals denied the state’s request for a temporary stay previous order The trial by U.S. District Judge John deGravelles in Baton Rouge continues. Arguments before the 5th Circuit panel are scheduled for Jan. 23, meaning the judge’s order remains in effect well past the Jan. 1 deadline the law sets for filing orders.
The state argues that deGravelles’ order affects only the five school districts that are defendants in the legal dispute. But it is not clear if how the law will be applied Complaints continue in other 67 districts of the province. Also, deGravelles ordered all schools in each district to be notified of his ruling that the law is unconstitutional, which is a requirement of Wednesday’s ruling.
“We are pleased that the Court of Appeals fully upheld the district court’s decision,” said Sam Grover, an attorney for the Religious Freedom Foundation. “As the district court ruled, this statute is unconstitutional on its face.”
State Attorney General Liz Murrill said in an emailed statement that her office “will continue to defend this clearly constitutional law.”
DeGravelles ruled that the law, passed by the GOP-dominated Legislature, was “blatantly religious” and “blatantly unconstitutional.” He also said it was unconstitutional religious government coercion of students who are legally required to attend school.
Republican Governor Jeff Landry signed the bill The law’s passage in June prompted an interfaith group of Louisiana public school parents to sue. They argue that the law violates the First Amendment, which prohibits the government from establishing religion or interfering with the free exercise of religion. They also say the proposed poster-sized display will alienate students, especially non-Christians. Parents argue more version of the Ten Commandments given in the law is favored by many Protestants and does not correspond to any version found in Jewish tradition.
Proponents say there are Ten Commandments not only religious and has historical significance in the foundation of US law. Republican Attorney General Murrill disagreed with deGravelles’ decision and said the law was constitutional under Supreme Court precedents.
In court on Wednesday, the state’s loss a partial victory last week, when a 5th Circuit panel temporarily blocked DeGravelles’ order that state education officials notify schools in all districts that it found the law unconstitutional.
While Wednesday’s decision ended that block, Murrill reiterated the state’s position in a statement that only the counties responsible in the lawsuit — in East Baton Rouge, Livingston, St. Tammany, Orleans and Vernon parishes — are affected by deGravelles’ order.
“There are over sixty school boards that are not following the court’s order,” he said.
In recent years similar accounts States including Texas, Oklahoma and Utah have proposed proposals requiring the Ten Commandments to be displayed in classrooms. None passed.
In 1980, the Supreme Court ruled that a similar Kentucky law was unconstitutional. The court found that the law was clearly religious in purpose and not secular.
Louisiana law, which applies to all public K-12 schools and state-funded university classrooms, requires that the Ten Commandments be displayed on a poster or framed document at least 11 inches by 14 inches with the text as the primary focus and “printed.” large, easy-to-read font.”
Each poster must be accompanied by a four-paragraph “context statement” that states that the Ten Commandments “have been a prominent part of American public education for nearly three centuries.”
It is likely that tens of thousands of posters will be needed to enforce the new law. Supporters say schools are not required to spend public money on them, and donors can provide the posters or money to purchase them.