by Jorge Gomez • 3 minutes
Is Louisiana’s law requiring the display of the Ten Commandments in public schools constitutional? A full federal appeals court is set to tackle that question.
The U.S. Court of Appeals for the Fifth Circuit—just one level below the U.S. Supreme Court—recently issued a brief order agreeing to review the case before all 17 active judges on the court. That significantly raises the stakes and the impact that this case will have on religious liberty and expression of faith in the public square.
Last year, Louisiana became the first state to require a display of the Ten Commandments in all public schools and colleges. Gov. Jeff Landry signed a bill stating that “each public school governing authority shall display the Ten Commandments in each classroom in each school under its jurisdiction.” First Liberty played a role in helping this become law in Louisiana.
Several radical groups—Americans United for Separation of Church and State, the American Civil Liberties Union, and the Freedom From Religion Foundation—sued, arguing that displaying the Ten Commandments violates the Establishment Clause of the First Amendment.
In June, a three-judge panel upheld an injunction blocking the law, ruling the statute unconstitutional under Stone v. Graham, a 1980 Supreme Court decision that struck down a similar Kentucky law.
First Liberty’s landmark Supreme Court rulings in Kennedy v. Bremerton School District and American Legion v. American Humanist Association changed the legal test for religious expression on public property. The Court overturned decades of bad precedent that caused many historic religious symbols to be scrubbed from the public square. The Court created a new test, writing that “the Establishment Clause must be interpreted by ‘reference to historical practices and understandings.’”
“We are extremely disappointed the 5th Circuit defied Supreme Court precedent and struck down Louisiana’s constitutional statute that requires the posting of the Ten Commandments in schools,” First Liberty President & CEO Kelly Shackelford said regarding the appeals court decision. “The Ten Commandments are part of the history and tradition of our country, and we hope that the full 5th Circuit will step in to correct this grievous error.”
“Unfortunately for the ACLU, their entire case is built on sand,” added First Liberty Executive General Counsel Hiram Sasser. “Stone v. Graham is a relic of a previous time when the Lemon test censored religion from public life and is no longer good law.”
“I’m glad to see the 5th Circuit is taking this en banc. Looking forward to those arguments,” said Louisiana Attorney General Liz Murrill, who’s defending the law in court.
🚨BREAKING: Fifth Circuit Court of Appeals vacates panel opinion on Louisiana’s Ten Commandments law; will rehear the case en banc
I’m glad to see the Fifth Circuit is taking this en banc. Looking forward to those arguments in court. #lalege pic.twitter.com/0wpmZdeo2f
— Attorney General Liz Murrill (@AGLizMurrill) October 6, 2025
While opponents argue that Louisiana’s law is an “establishment of religion,” that’s simply not the case.
In Kennedy, the Supreme Court rejected the notion that the mere presence of religious expression or imagery is somehow coercive. Instead, the Court found no coercion “where there is no evidence anyone sought to persuade or force students to participate.”
Not only is Louisiana’s law constitutional, it’s also a perfect example of what religious liberty in America is all about. It embodies the best of our nation’s history and traditions.
“Putting this historic document on schoolhouse walls is a great way to remind students of the foundations of American and Louisiana law,” said Matt Krause, an independent legal advisor to First Liberty.
Murrill previously detailed the history of the Ten Commandments in public schools, saying they were a prominent part of American education for almost three centuries:
“Around the year 1688, The New England Primer became the first published American textbook and was the equivalent of a first grade reader. The New England Primer was used in public schools throughout the United States for more than 150 years to teach Americans to read and contained more than 40 questions about the Ten Commandments.
The Ten Commandments were also included in public school textbooks published by educator William McGuffey, a noted university president and professor. A version of his famous McGuffey Readers was written in the early 1800s and became one of the most popular textbooks in the history of American education, selling more than 100-million copies. Copies of the McGuffey Readers are still available today.”
“We are grateful for the strong leadership of Attorney General Murrill in defending this important law,” Kelly added. “First Liberty will stand with her at the courthouse and through all appeals every step of the way.”
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