A federal appeals court has vacated an earlier ruling against a Louisiana law that requires public schools to display a copy of the Ten Commandments.
In a brief per curiam opinion released Monday in the case of Darcy Roake et al v. Cade Brumley et al, the U.S. Court of Appeals for the Fifth Circuit vacated a ruling from earlier this year.
Additionally, the per curiam opinion agreed to hear an appeal in the case en banc, meaning oral arguments will be presented before the full appellate court rather than just a panel.
“Glad to see the Fifth Circuit is taking this en banc,” said Louisiana Attorney General Liz Murrill, as quoted by WAFB 9. “Looking forward to those arguments in court.”
A coalition of progressive groups representing the plaintiffs in the case, which includes Americans United for Separation of Church and State, the American Civil Liberties Union and the Freedom From Religion Foundation, released a joint statement in response to the opinion.
They noted that an earlier district court preliminary injunction against the law remains in effect, and they “look forward to presenting our clients’ case to the entire court of appeals.”
“[W]e remain confident that the constitutional values and principles at the heart of the First Amendment, which guarantee religious freedom for all students and families, will prevail in the end,” they stated.
In June of last year, Louisiana Gov. Jeff Landry signed House Bill 71, which mandated that public school classrooms display a copy of the Ten Commandments that was at least 11 inches by 14 inches in size.
The new law also allowed public schools to display other historical documents, such as the Mayflower Compact, the Declaration of Independence and the Northwest Ordinance.
“If you want to respect the rule of law you’ve got to start from the original law given, which was Moses,” said Landry at the signing ceremony in 2024.
Shortly after HB 71 was signed, progressive legal groups sued Louisiana on behalf of an interfaith group of individuals with minor children who were enrolled in state public schools.
In June, a three-judge panel of the Fifth Circuit issued a decision upholding a lower court injunction against HB 71. Circuit Judge Irma Carrillo Ramirez, a Biden appointee, authored the panel opinion, writing that the law “inflicts significant practical harm on Plaintiffs’ First Amendment rights.”
“As noted, if H.B. 71 goes into effect, Students will be subjected to unwelcome displays of the Ten Commandments for the entirety of their public school education. There is no opt-out option,” wrote Ramirez.
