Civil liberties groups have initiated legal action on Monday to prevent the implementation of a new Louisiana law that requires the Ten Commandments to be displayed in every public school classroom. The groups, including the American Civil Liberties Union Foundation, Americans United for Separation of Church and State, the Freedom From Religion Foundation, and the New York City law firm Simpson, Thacher & Bartlett, contend that the law is unconstitutional. Plaintiffs in the suit include parents of Louisiana public school children from diverse religious backgrounds.
They argue that the display of the Ten Commandments sends a message of religious superiority and violates the separation of church and state. Reverend Jeff Simms, a Presbyterian pastor and plaintiff in the suit, stated that the law promotes religious favoritism and sends a detrimental message to his children and other students.
The legislation, signed into law by Republican Governor Jeff Landry last week, mandates that all public K-12 classrooms and state-funded universities display a poster-sized version of the Ten Commandments in a prominent location by next year. Proponents of the law argue that it is not solely religious in nature, but rather holds historical significance. They claim that the Ten Commandments are foundational documents of the state and national government.
Plaintiff Joshua Herlands, a Jewish father of two children in New Orleans public schools, expressed concern about the mandated display of a specific version of the Ten Commandments that does not align with his faith. He worries that the display will send a message to his children and others that they may be considered lesser in the eyes of the government.
The lawsuit, targeting the law referred to as HB 71, seeks a court declaration that it violates the First Amendment’s clauses prohibiting government establishment of religion and guaranteeing religious liberty. It also aims to secure an order prohibiting the posting of the Ten Commandments in public school classrooms. The lawsuit argues that the law’s primary purpose is to impose religious beliefs on public-school children, regardless of the potential harm to students and families.
Defendants in the lawsuit include state Superintendent of Education Cade Brumley, members of the state education board, and some local school boards. Governor Landry and Louisiana Attorney General Elizabeth Murrill support the new law, with Murrill stating her intention to defend it. She issued a statement emphasizing her stance that the ACLU selectively applies the First Amendment, claiming it defends against censorship and pro-life arrests but opposes the display of posters about legal history.
The Ten Commandments have historically been at the center of numerous lawsuits across the nation. In 1980, the U.S. Supreme Court ruled that a similar Kentucky law violated the establishment clause of the U.S. Constitution, determining that the law lacked a secular purpose and served solely a religious purpose. In a later ruling in 2005, the Supreme Court upheld a Ten Commandments marker on the grounds of the Texas state Capitol in Austin, while ruling that displays in Kentucky courthouses were unconstitutional.
Despite the potential for the case to reach the Supreme Court, lawyers for the plaintiffs believe it is a clear-cut case that aligns with existing Supreme Court precedent. Patrick Elliott, legal director for the Freedom From Religion Foundation, expressed confidence that they would prevail under current law and that a Supreme Court review would not be necessary.
Other states, including Texas, Oklahoma, and Utah, have attempted to implement similar requirements for the display of the Ten Commandments in schools. However, none have successfully mandated it, facing legal challenges and threats of lawsuits. Louisiana is the only state with a mandate in place.
The posters in Louisiana, accompanied by a context statement explaining the historical prominence of the Ten Commandments in public education, must be displayed in classrooms by the start of 2025. The controversial law marks a new era of conservative leadership in Louisiana under Governor Landry, who replaced Democratic Governor John Bel Edwards in January. The GOP currently holds a supermajority in the Legislature and all statewide elected positions, creating an environment conducive to pushing through a conservative agenda. The case has been assigned to U.S. District Judge John deGravelles, appointed by former President Barack Obama.
