Louisiana defends Ten Commandments in federal appeals court Fifth Circuit will soon weigh in on passive religious acknowledgments in public schools

WASHINGTON – The State of Louisiana asked a federal appeals court late yesterday to protect its ability to require public school classrooms to display the Ten Commandments. In Roake v. Brumley, Louisiana passed a law requiring public schools to display small posters including the Ten Commandments that acknowledge the Commandments’ influence on American law and history. Schools have broad flexibility in designing the displays, and no public funds are needed for their installation. However, after the ACLU filed a lawsuit against the state, a federal judge temporarily put the law on hold. Represented by Becket, Louisiana Attorney General Liz Murrill, and Louisiana Solicitor General Ben Aguiñaga, the state is asking the Fifth Circuit Court of Appeals in New Orleans to protect its right to display the Ten Commandments. 

Religious symbols have been a fixture of American public life since before the Founding. Just after declaring Independence, the Continental Congress tasked Benjamin Franklin, Thomas Jefferson, and John Adams with designing a national seal. Though the Great Seal eventually adopted a different design, all three proposed overtly religious designs drawn from the Hebrew Bible. Over the centuries, many state and local governments have followed the Founders’ lead by including religious elements in their flags, seals, and buildings to commemorate history and culture and to acknowledge the beliefs of their citizens. Among the most enduring of these religious symbols is the Ten Commandments, which is even featured prominently on the walls of the U.S. Supreme Court.  

“If the ACLU had its way, every trace of religion would be scrubbed from Louisiana’s public square,” said Joseph Davis, senior counsel at Becket. “Thankfully our Constitution says otherwise: Louisiana is allowed to acknowledge every aspect of our history and culture—including the Ten Commandments.”  

Louisiana recently passed a law requiring public schools to display the Ten Commandments in classrooms. The displays must contain a context statement explaining the history of the Commandments in American public education, and schools have flexibility in designing them. For example, schools may choose to incorporate the Commandments alongside other historical documents, like the Declaration of Independence and the Mayflower Compact. However, before any actual displays ever appeared in any classroom, the ACLU filed a lawsuit against Louisiana claiming the displays will harm schoolchildren by forcing them to be in the presence of religious messages. This fall, a federal judge agreed with the ACLU and temporarily put Louisiana’s law on hold. Now Becket, Louisiana Attorney General Liz Murrill, and Louisiana Solicitor General Ben Aguiñaga are defending Louisiana against the ACLU lawsuit.   

“Yesterday we filed our opening brief in the Fifth Circuit defending Louisiana’s Ten Commandments law,” said Attorney General Liz Murrill. “As we have illustrated in our briefs, there are numerous ways for our schools to constitutionally implement the law. And this should not be controversial: As the Supreme Court has said, the Commandments have historical significance as one of the foundations of our law. We look forward to the Fifth Circuit’s decision in this case.” 

Oral argument is scheduled in the case on January 23, 2025. 

For more information or to arrange an interview with a Becket attorney, contact Ryan Colby at [email protected] or 202-349-7219.