Full Court Showdown: Louisiana urges federal appeals court to defend Ten Commandments 18 Fifth Circuit judges to decide if state can display passive religious symbols in public schools

WASHINGTON – The State of Louisiana asked the entire U.S. Court of Appeals for the Fifth Circuit today to protect its ability to display the Ten Commandments in its public school classrooms. In Roake v. Brumley, the ACLU filed a lawsuit against Louisiana after it passed a law requiring public schools to display small posters including the Ten Commandments that acknowledge the Commandments’ influence on American law and history. A federal district court blocked the law, and three judges on the Fifth Circuit left that ruling in place. But last fall, the full Fifth Circuit agreed to rehear the case “en banc,” in front of all active judges on the court. Louisiana is represented by Becket, Attorney General Liz Murrill, and Solicitor General Ben Aguiñaga. A similar law from the State of Texas was also discussed at the oral argument today. 

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. Although Congress eventually adopted a design for the Great Seal featuring different religious imagery, this committee proposed a seal with imagery drawn directly 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 symbols is the Ten Commandments, which is even featured prominently on the walls of the U.S. Supreme Court.   

“The idea that a small, passive display of the Ten Commandments is so dangerous that no one can be near it is patently absurd,” said Joseph Davis, senior counsel at Becket. “America has a long tradition of recognizing faith in the public square, and Louisiana is simply trying to continue that tradition. We’re confident the Fifth Circuit will ensure it can.” 

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. And the displays Louisiana is considering in practice feature the Commandments in context, reflecting their role in American laws and history. For example, schools may choose to incorporate the Commandments alongside other historical documents, like the Declaration of Independence and the Mayflower Compact. But before any actual display ever appeared in any classroom, the ACLU filed a lawsuit against Louisiana claiming the displays will harm students by forcing them to be in the presence of religious symbolism. 

“We believe Louisiana’s Ten Commandments law is constitutional, and we clearly made that case before the Fifth Circuit this afternoon,” said Attorney General Liz Murrill. “Thou shall not kill and thou shall not steal should not be controversial. In fact, the Supreme Court has said that the Ten Commandments have historical significance as one of the foundations of our legal system.” 

A decision by the en banc Fifth Circuit is expected in the fall.  

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