Louisiana defends Ten Commandments in federal appeals court State asks Fifth Circuit for freedom to display passive religious symbols in public schools

WASHINGTON – The State of Louisiana was in federal appeals court today defending its ability to have its public school classrooms display the Ten Commandments. In Roake v. Brumley, Louisiana passed a law requiring public schools to display 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 in several school districts. 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 featured prominently on the walls of many government buildings, including the U.S. Supreme Court. 

“According to the ACLU, religious symbols are so radioactive that students can’t be anywhere near them,” said Joseph Davis, senior counsel at Becket. “That view is absurd and utterly divorced from history—religion has been a natural and welcome part of our American public life since the Founding.”    

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 For example, schools may choose to incorporate the Commandments alongside other historical documents, like the Declaration of Independence and the Mayflower Compact.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 students by forcing them to be in the presence of religious symbolism. 

“The Constitution does not bar our Legislature’s attempt to teach our students what the Supreme Court has repeatedly said: The Ten Commandments have historical significance as a foundation of our legal system,” said Attorney General Liz Murrill. “We look forward to the Fifth Circuit’s decision.” 

A decision by the Fifth Circuit is expected by the spring.  

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