Federal judge blocks Louisiana's Ten Commandments law

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A coalition of parents attempting to block a state law that would require that the Ten Commandments be displayed in public school classrooms by next year have won a legal battle in federal court.

U.S. District Judge John deGravelles issued an order Tuesday granting the plaintiffs' request for a preliminary injunction, which means the state can't begin its plan to promote and create rules surrounding the law as soon as Friday while the litigation plays out.

The judge wrote that the law is "facially unconstitutional" and "in all applications," barring Louisiana from enforcing it and adopting rules around it that obligate all public K-12 schools and colleges to exhibit posters of the Ten Commandments.

His order prompted Louisiana Attorney General Liz Murrill to say she would "immediately appeal."

In the meantime, deGravelles, who heard arguments over the legislation on Oct. 21, ordered her office to "provide notice to all schools that the Act has been found unconstitutional."

"Each of the Plaintiffs' minor children will be forced 'in every practical sense,' through Louisiana’s required attendance policy, to be a 'captive audience' and to participate in a religious exercise: reading and considering a specific version of the Ten Commandments, one posted in every single classroom, for the entire school year, regardless of the age of the student or subject matter of the course," the judge wrote.

Lawyers representing the plaintiffs applauded the judge's decision.

"This ruling should serve as a reality check for Louisiana lawmakers who want to use public schools to convert children to their preferred brand of Christianity," Heather Weaver, a senior staff attorney for the ACLU's Program on Freedom of Religion and Belief, said in a statement. "Public schools are not Sunday schools, and today's decision ensures that our clients' classrooms will remain spaces where all students, regardless of their faith, feel welcomed."

The law had dictated that schools have by Jan. 1 to comply.

"We strongly disagree with the court's decision," Murrill said in a statement.

Gov. Jeff Landry signed the GOP-backed legislation in June, part of his conservative agenda that has reshaped Louisiana's cultural landscape, from abortion rights to criminal justice to education.

The move prompted a coalition of parents — Jewish, Christian, Unitarian Universalist and nonreligious — to sue the state in federal court. They argued that the law "substantially interferes with and burdens" their First Amendment right to raise their children with whatever religious doctrine they want.

The American Civil Liberties Union, the American Civil Liberties Union of Louisiana, Americans United for Separation of Church and State, the Freedom from Religion Foundation, and Simpson Thacher & Bartlett LLP have supported the suit.

A federal appeals court Friday ruled unanimously in favor of a coalition of Louisiana parents who sued to block a state law that requires public schools and colleges to display the Ten Commandments in classrooms.

The appellate court's decision upholds a lower court's ruling in November declaring Louisiana's law "facially unconstitutional."

“Parents and students challenge a statute requiring public schools to permanently display the Ten Commandments in every classroom in Louisiana. The district court found the statute facially unconstitutional and preliminarily enjoined its enforcement. We affirm,” the court said in its ruling.

Now, the case moves closer to potentially going before the U.S. Supreme Court, which has a 6-3 conservative majority.

“We are grateful for this decision, which honors the religious diversity and religious-freedom rights of public school families across Louisiana,” said the Rev. Darcy Roake, who is a plaintiff in the case.

Louisiana Attorney General Liz Murrill will continue to pursue the case through the courts.

“We strongly disagree with the Fifth Circuit’s affirmance of an injunction preventing five Louisiana parishes from implementing HB71. We will immediately seek relief from the full Fifth Circuit and, if necessary, the United States Supreme Court,” Murrill said in a statement.

Louisiana's law went into effect at public K-12 schools and state-funded universities this year. State officials issued guidance about how posters of the Ten Commandments could be designed and hung up in classrooms for educational purposes.

While the law applies to the majority of school districts throughout the state, the five school districts that have parents who are plaintiffs in the original lawsuit are exempt while the litigation plays out.

It's unclear how many, if any, school districts have begun to comply, and questions remain about what might happen to educators who ultimately don't cooperate.