Judge hears arguments to block Ten Commandments from being displayed in every Louisiana public school

A federal judge heard arguments at a hearing Monday on whether he should temporarily block a new Louisiana law that requires the Ten Commandments to be displayed in every public school classroom by Jan. 1.

Louisiana, a reliably Republican state in the Bible Belt, is the only state with such a requirement. Proponents argue that the measure is not solely religious, but has historical significance to the foundation of U.S. law. But an expert witness brought in by the plaintiffs, argued against the legislation.

Steven Green, a legal historian and professor of law, history and religious studies at Willamette University in Oregon, testified that “there is next to no evidence” that the Ten Commandments were considered by the country’s founders while drafting the foundation of the U.S. government and legal system.

He added that the Ten Commandments were “indirectly influential at best” to the nation’s founders. Green said he based his conclusion on numerous historical documents and writings, including correspondence between Thomas Jefferson and James Madison, who were influential in drafting the U.S. Constitution, Declaration of Independence and the Bill of Rights.

Attorneys for the defendants asked the judge to strike Green’s testimony. Speaking with reporters after the hearing, Louisiana Attorney General Liz Murrill said Green’s testimony was “not proper for expert testimony” and “subjective” as he “was not alive at the time that these things happened.”

U.S. District Judge John W. deGravelles did not immediately issue a ruling Monday, but said he will try to reach a decision by Nov. 15. That date is of importance as an agreement was reached by the court and state in July, in which five schools specifically listed in the lawsuit will not post the commandments in classrooms before that date. The deadline to comply, Jan. 1, 2025, remains in place for schools statewide.

As the plaintiffs and defendants await a ruling on a possible preliminary injunction, a pending lawsuit challenging the new law remains.

In June, parents of Louisiana public school children, with various religious backgrounds, filed the lawsuit arguing that the legislation violates First Amendment language forbidding government establishment of religion and guaranteeing religious liberty. The ACLU, which was among the groups filing the lawsuit, said its complaint represented “parents who are rabbis, pastors, and reverends.”

Opponents say the law is an unconstitutional violation of separation of church and state and that the display of the Ten Commandments will isolate students, especially those who are not Christian.

In April, State Senator Royce Duplessis told CBS affiliate WWL-TV that he opposed the legislation. 

“That’s why we have a separation of church and state,” said Duplessis, who is a Democrat. “We learned the 10 Commandments when we went to Sunday school. As I said on the Senate floor, if you want your kids to learn the Ten Commandments, you can take them to church.”

Proponents say the law is premature, as schools have not begun to hang up such posters. Attorneys for the defendants are requesting that the suit be dismissed.

State House Representative Dodie Horton is the author of the bill. In April, she defended it before the House, saying the Ten Commandments are the basis of all laws in Louisiana, WWL-TV reported.

“I hope and I pray that Louisiana is the first state to allow moral code to be placed back in the classrooms,” Horton said. “Since I was in kindergarten [at a private school], it was always on the wall. I learned there was a God, and I knew to honor him and his laws.”

Across the country, there have been conservative pushes to incorporate religion into classrooms, from Florida legislation allowing school districts to have volunteer chaplains to counsel students to Oklahoma’s top education official ordering public schools to incorporate the Bible into lessons.

The new law in Louisiana has been touted by conservatives, including former President Donald Trump.

In June, the GOP presidential candidate posted on his social media network: “I LOVE THE TEN COMMANDMENTS IN PUBLIC SCHOOLS, PRIVATE SCHOOLS, AND MANY OTHER PLACES, FOR THAT MATTER. READ IT – HOW CAN WE, AS A NATION, GO WRONG???”

Louisiana’s legislation applies to all public school K-12 and state-funded university classrooms. It requires the Ten Commandments to be displayed on a poster or framed document at least 11 inches by 14 inches where the text is the central focus and “printed in a large, easily readable font.” Each poster must also be paired with the four-paragraph context statement.

Tens of thousands of posters will likely be needed to satisfy the new law since e Louisiana has more than 1,300 public schools. Louisiana State University has nearly 1,000 classrooms at the Baton Rouge campus alone.

The mandate does not require school systems to spend public money on the posters, with Republicans saying the displays will be paid for by donations or the posters themselves will be donated by groups or organizations. Questions still remain about how the requirement will be enforced if a teacher refuses to hang up the Ten Commandments and what happens if there are not enough donations to fund the mandate.