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Fifth Circuit Affirms Unconstitutional Ruling on Louisiana Ten Commandments Law

Louisiana’s attorney general plans rehearing before the full Fifth Circuit, potentially paving the way for a Supreme Court appeal.

A copy of the Ten Commandments in a hallway of the Georgia Capitol on June 20, 2024.
Louisiana Attorney General Liz Murrill leaves the U.S. Supreme Court after justices heard arguments in an appeal by President Joe Biden's administration of restrictions imposed by lower courts on its ability to encourage social media companies to remove content deemed misinformation, in Washington, U.S., March 18, 2024. REUTERS/Bonnie Cash/File Photo
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Overview

  • A three-judge panel of the 5th U.S. Circuit Court unanimously affirmed that Louisiana’s law requiring Ten Commandments posters in public school classrooms violated the First Amendment’s Establishment Clause.
  • Enacted in June 2024 by Gov. Jeff Landry and effective January 2025, the statute demanded poster-sized Ten Commandments displays with a historical context statement in K-12 and state-funded university classrooms.
  • The lawsuit was filed by interfaith parents and clergy represented by the ACLU of Louisiana and Americans United for Separation of Church and State, who argued the mandate imposed constant religious messaging on students.
  • Louisiana officials contend the displays have a secular, educational purpose and require no public spending since posters can be privately donated.
  • The ruling is expected to influence legal battles over similar Ten Commandments display laws advancing in Texas and Arkansas.