NEW ORLEANS — The entire U.S. 5th Circuit Court of Appeal will now weigh the legality of Louisiana’s law requiring the Ten Commandments to be displayed in all public school classrooms.
A procedural order issued Monday vacates a prior ruling from a three-judge panel that declared the law unconstitutional.
On June 20, the 5th Circuit panel ruled that the law violates the establishment clause of the First Amendment, which bars the government from endorsing a religion or creating laws that favor one religion over another.
Judge Irma Castillo Ramirez, a Biden appointee, wrote the opinion, which was joined by Judges James Dennis, appointed by Bill Clinton, and Catharina Haynes, appointed by George W. Bush.
Louisiana Attorney General Liz Murrill, who is defending the law, said at the time she intended to seek an en banc hearing before all 17 appellate judges and to appeal to the U.S. Supreme Court if necessary.
“Glad to see the Fifth Circuit is taking this en banc,” Murrill said in a statement Monday. “Looking forward to those arguments in court.” An en banc hearing means all active judges on the 5th Circuit will reconsider the case together, rather than leaving the decision to a smaller three-judge panel. The move signals the court’s recognition of the case’s constitutional significance.
The plaintiffs consist of nine families with children who attend public schools across five parishes: East Baton Rouge, Livingston, Orleans, St. Tammany and Vernon.
A date for the full 5th Circuit hearing has not been set.
What the law requires
The law, passed in 2024, mandates that every classroom in public elementary, secondary, and postsecondary schools prominently display a poster of the Ten Commandments.
Earlier this year, Attorney General Murrill issued guidance to public K–12 schools, colleges, and universities on how to comply with the Ten Commandments law, which officially took effect Jan. 1.
Her office outlined specifications for four approved poster designs and recommended they not be placed behind teachers’ desks or podiums to avoid implying personal endorsement.
The posters must measure at least 11×14 inches but no larger than 18×24 inches. Schools are also instructed to only display them if they are donated or privately funded.
Murrill also suggested that schools display the Ten Commandments alongside other historical documents such as the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance of 1787.
Whatever the outcome, legal experts say the dispute is likely headed to the U.S. Supreme Court, setting up another major test of how far states can go in promoting religious displays in public schools.
Editor’s Note: Information from The Louisiana Illuminator contributed to this staff report
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