A federal appeals court has banned the state of Louisiana from displaying the Ten Commandments in public schools.
The Fifth Circuit is one of the most conservative appeals courts in the country.
However, two Democrat appointees dominated the panel of three judges that decided the case.
Heather L. Weaver, a senior staff attorney with the American Civil Liberties Union (ACLU), said:
“This is a resounding victory for the separation of church and state and public education.
“With today’s ruling, the Fifth Circuit has held Louisiana accountable to a core constitutional promise: Public schools are not Sunday schools, and they must welcome all students, regardless of faith.”
The battle isn’t over yet, however.
Louisiana’s Republican leaders are vowing to take the case to the Supreme Court.
Republican attorney general Liz Murrill said:
“We will immediately seek relief from the full Fifth Circuit and, if necessary, the U.S. Supreme Court.”
In a statement, Republican Governor Jeff Landry said:
“The Ten Commandments are the foundation of our laws — serving both an educational and historical purpose in our classrooms.”
The appeals court ruled that Louisiana’s law is “plainly unconstitutional.”
The ruling upholds a lower court decision that blocked the statute.
“H.B. 71 is plainly unconstitutional,” the appeals court said.
“The district court did not err.
“H.B. 71’s minimum requirements provide sufficient details about how the Ten Commandments must be displayed.
“Plaintiffs have shown that those displays will cause an ‘irreparable’ deprivation of their First Amendment rights.”
The case is a classic dispute on the First Amendment’s Establishment Clause.
While often understood to require a complete separation of religion from public life, interpretations of its text vary widely, from the strictly secular to a more flexible reading that respects the important role of religion in upholding a moral society.
The Ten Commandments have moral and educational purposes that are not strictly religious, making the debate over their public display a complex issue.
Defenders of Louisiana’s law point out that the Ten Commandments are an important part of America’s legal and cultural heritage.
Yet, some argue that they have no place in public schools, which serve students of different faiths.
Meanwhile, Texas has enacted a new law similar to Louisiana’s that requires public schools to display the Ten Commandments, setting up more legal challenges on the issue.
In 1980, a divided Supreme Court struck down a similar law in Kentucky, finding it was plainly religious in nature, without any secular purpose.
Of course, the Supreme Court looks much different today, giving conservatives fresh hope of a different outcome.
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