Fifth Circuit Allows Louisiana to Display Ten Commandments in Public Classrooms

NEW ORLEANS, La. - In a major development for ongoing church‑state litigation across the South, the full U.S. Fifth Circuit Court of Appeals has ruled 12–6 to allow Louisiana to move forward with displaying the Ten Commandments in public school classrooms. The decision lifts a lower‑court injunction and revives Louisiana's 2024 law requiring the displays in every publicly funded classroom from kindergarten through college.

The ruling in Roake v. Brumley came as a per curiam opinion, meaning it was issued by the court collectively rather than authored by a single judge. The majority concluded that the Ten Commandments possess both religious and historical significance-an important distinction that, in the court's view, prevents a blanket prohibition on their display.

"There can be no doubt that the Ten Commandments bear immense religious significance," the court wrote. "But they also 'have historical significance as one of the foundations of our legal system.'... That dual character forecloses any categorical rule against their display on public property."

Court Says Lower Injunction Was Premature

The Fifth Circuit emphasized that the case is not yet ripe for a final constitutional ruling. Judges noted that key facts remain unresolved, including:

- how prominently the Ten Commandments will be displayed

- what additional historical documents will accompany them

- how teachers may reference or contextualize the displays

Because Establishment Clause cases require "specific" factual details, the court said the lower court acted prematurely by blocking the law before those details were developed.

Concurring Opinion Highlights Historical Tradition

Circuit Judge James Ho, in a concurring opinion, argued that passive displays of the Ten Commandments are not coercive and therefore do not violate the Establishment Clause. He also pointed to the nation's founding era as evidence that religion and education have long been intertwined.

"Our Nation's Founders didn't just permit religion in education-they presumed that there would be religion in education," Ho wrote. "Indeed, our Founders firmly believed that our Constitution wouldn't work without a religious people."

Ho concluded that Louisiana's law is "fully consistent with the Constitution."

Louisiana's 2024 Law at the Center of the Case

Louisiana became the first state in the nation to mandate Ten Commandments displays in all public classrooms when Gov. Jeff Landry signed HB 71 in June 2024. The law requires the Commandments to be posted in a "large, easily readable font" and frames the displays as part of a broader effort to educate students about "historically significant documents" that shaped American and Louisiana law.

Ripple Effects for Texas and Arkansas

The Fifth Circuit's decision is expected to influence similar litigation in neighboring states:

- Texas passed a Ten Commandments law in 2025 that is now facing its own legal challenge.

- Arkansas enacted a similar law in 2025, which is currently blocked and under appeal in the Eighth Circuit.

- Similar legislation has been filed in Alabama

Because Louisiana's case is the first to reach a full appellate court, its reasoning will likely shape how other courts evaluate these laws.

Supreme Court Precedent Shifts the Landscape

Recent U.S. Supreme Court decisions have moved away from the 1971 Lemon v. Kurtzman framework, which long governed Establishment Clause cases. In American Legion v. American Humanists Association (2019), the Court recognized the Ten Commandments as part of America's "common cultural heritage." Then in 2022, Shurtleff v. Boston and Kennedy v. Bremerton School District formally abandoned the Lemon Test, instructing courts to evaluate Establishment Clause disputes through "historical practices and understandings."

That shift has opened the door for states to defend religiously themed historical displays as part of longstanding American tradition.

Advocates Applaud the Ruling

Liberty Counsel Founder and Chairman Mat Staver praised the Fifth Circuit's decision, arguing that passive displays of the Ten Commandments do not amount to religious coercion.

"The Fifth Circuit has rightly ruled that the Ten Commandments can be displayed in public schools," Staver said. "The Decalogue is a universally recognized symbol of law and has indelibly shaped the Western Legal Tradition and American government. There are more than 50 displays of the Ten Commandments inside and outside the United States Supreme Court."

Staver added that the displays "honor [the Commandments'] historical significance to our way of life."