The Fifth U.S. Circuit Court of Appeals ruled Friday that it is premature to determine whether a Louisiana law requiring public schools to display the Ten Commandments in classrooms is constitutional.
In a 12–6 decision, the court vacated a federal district court’s preliminary injunction issued in November 2024 that had blocked the law from taking effect.
Focus on Implementation
At issue is Louisiana’s H.B. 71, which requires all public K–12 schools and state-funded university classrooms to display the Ten Commandments on a poster or framed document measuring at least 11 by 14 inches. The law specifies that the text must be the central focus and printed in a large, readable font.
However, the appeals court said it could not evaluate the law’s constitutionality without knowing how individual schools will implement it.
The court noted that the “nature of the display” is left to local school boards and wrote:
“We do not know, for example, how prominently the displays will appear, what other materials might accompany them, or how — if at all — teachers will reference them during instruction.”
Because of these unknowns, the court said it cannot yet assess “how the text is used.”
“Asking us to declare — here and now, and in the abstract — that every possible H.B. 71 display would violate the Establishment Clause would require precisely what Texas forbids: the substitution of speculation for adjudication,” the ruling stated.
The judges added that attempting to rule without a concrete factual record “is not judging; it is guessing.”
The court emphasized that its decision does not prevent future legal challenges once the law is implemented.
Dissent Raises Religious Concerns
Six judges dissented, arguing that displaying the Ten Commandments in public school classrooms inherently raises constitutional concerns.
In their opinion, they wrote that permanent displays not tied to curriculum “elevate words meant for devotion into objects of reverence,” thereby exposing:
“children to government-endorsed religion in a setting of compulsory attendance.”
They added:
“That is precisely the kind of establishment the Framers anticipated and sought to prevent.”
Reactions From Officials and Advocacy Groups
Louisiana Attorney General Liz Murrill welcomed the decision on social media, stating that her office has issued guidance to help schools comply with the law.
“We have created multiple examples of posters demonstrating how it can be applied constitutionally,” she wrote. “Louisiana public schools should follow the law.”
Organizations representing nine Louisiana families challenging the law — including the American Civil Liberties Union, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel — expressed disappointment.
In a joint statement, the groups said the ruling could force families “into a game of constitutional whack-a-mole in every school district.”
They added:
“Longstanding judicial precedent makes clear that our clients need not submit to the very harms they are seeking to prevent before taking legal action to protect their rights.”
The organizations said they are exploring further legal options and intend to continue challenging the law.
What Comes Next
While the appeals court declined to rule on the law’s constitutionality at this stage, the decision leaves open the possibility of future litigation once schools begin implementing the display requirements.
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