The 5th Circuit Court of Appeals ruled that the state of Louisiana can require every public school to post the Ten Commandments. This issue has been controversial in many states. The Ten Commandments is a specifically religious statement, and there are multiple versions of it among Christians and Jews. Some religions do not recognize the Ten Commandments.

Whenever religion is introduced into schools and other public places, the same problems arise. Whose religion will be taught? What about the rights of atheist families? it’s easy to forget that there are scores of different religions in the U.S., and each complains if the government honors one religion but not another.

The Louisiana Illuminator reported:

NEW ORLEANS — 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 10 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.

“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.

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.  

The ACLU of Louisiana, which was among the groups representing plaintiffs in the case, is “exploring all legal pathways forward to continue the fight against this unconstitutional law,” executive director Alanah Odoms said in a statement through a spokesman.

The plaintiffs in the case, Roarke v. Brumley, are nine families who have children in public schools in five parishes — East Baton Rouge, Livingston, Orleans, St. Tammany and Vernon. Their views range from secular to religious, including Catholic, Presbyterian, Unitarian, Jewish and other faiths. They have argued the Protestant version of the Ten Commandments the legislature adopted for the classroom displays differs from the versions they follow.

Along with the ACLU, Americans United and the Freedom from Religion Foundation represented the plaintiffs and issued a joint statement in response to the 5th Circuit decision.

“Today’s ruling is extremely disappointing and would unnecessarily force Louisiana’s public school families into a game of constitutional whack-a-mole in every school district,” the statement reads. “Longstanding judicial precedent makes clear that our clients need not submit to the very harms they are seeking to prevent before taking legal action to protect their rights. But this fight isn’t over. We will continue fighting for the religious freedom of Louisiana’s families.”