Federal Court Crushes Ten Commandments Ban

Federal appeals court hands conservatives a major victory by clearing Louisiana public schools to display the Ten Commandments, pushing back against decades of secular overreach in education.

Story Highlights

  • U.S. Fifth Circuit Court of Appeals rules 12-6 on February 20, 2026, to vacate injunction blocking House Bill 71.
  • Louisiana Attorney General Liz Murrill urges schools to comply immediately with poster-sized displays including historical context.
  • Ruling emphasizes procedural ripeness, allowing implementation while deferring full constitutionality review.
  • ACLU vows Supreme Court appeal, but states like Texas hail it as precedent for similar laws.
  • Revives debate on Ten Commandments as foundational to American law, countering leftist efforts to erase religious heritage.

Court Vacates Injunction in Decisive Ruling

The U.S. Court of Appeals for the Fifth Circuit issued a 12-6 en banc decision on February 20, 2026, lifting a preliminary injunction against Louisiana’s House Bill 71. Enacted in 2024, the law requires public schools to display poster-sized copies of the Ten Commandments in classrooms. A federal district court had blocked it in November 2024 in Rev. Roake v. Brumley. The full circuit reheard the case after a three-judge panel upheld the block, determining insufficient facts existed on implementation details like display prominence and context. This procedural win enables schools to proceed.

Louisiana AG Pushes for Immediate Compliance

Louisiana Attorney General Liz Murrill, a key defender of the law, issued guidance and poster examples post-ruling. She frames the Ten Commandments as a non-controversial moral foundation, citing basics like “Don’t kill or steal.” Displays must include contextual statements on their historical role in U.S. law, paired with documents like the Declaration of Independence or Mayflower Compact. Schools gain flexibility in execution, with donor funding minimizing costs, as seen in Texas models. No displays reported yet, but compliance directives signal swift action.

Stakeholders Clash on Religious Displays

The Becket Fund for Religious Liberty, representing Louisiana, celebrates the ruling as upholding time-honored traditions, like Ten Commandments etchings in the Supreme Court building. Senior counsel Joseph Davis argues ACLU efforts unconstitutionally scrub religion from public life. Texas Values’ Jonathan Saenz calls it precedent for their SB 10 law, effective September 2025. Dissenting judges, including James L. Dennis, warn it burdens children with state-endorsed religion, echoing First Amendment concerns. Power tilts toward state proponents via the en banc reversal.

ACLU and allies, representing nine multifaith families, label the decision disappointing. They represent Christian, Jewish, Hindu, and nonreligious plaintiffs, vowing as-applied challenges post-implementation and a Supreme Court appeal within 90 days. Critics invoke 1980’s Stone v. Graham, which struck Kentucky displays for lacking secular purpose, and 2005 precedents. Proponents counter with post-Dobbs shifts and history-and-tradition tests from Kennedy v. Bremerton (2022).

Impacts Signal Broader Conservative Gains

Short-term effects include schools posting displays, risking district lawsuits ACLU terms “constitutional whack-a-mole.” Long-term, it sets up Supreme Court review reframing the Establishment Clause through historical context, potentially validating religious symbols. This bolsters Republican-led efforts in Texas and Arkansas against perceived secularism in schools, aligning with President Trump’s post-Dobbs push for traditional values. Affected parties span multifaith students and educators, heightening church-state debates while advancing conservative education agendas. Economic impact stays minimal via donations; legal battles continue.

Sources:

Appeals court clears way for Louisiana law requiring public schools to display Ten Commandments

Fifth Circuit: Too Soon to Rule on Constitutionality of Louisiana Law Requiring Public Schools to Display Ten Commandments

Breaking: Fifth Circuit Rules on LA Ten Commandments Law

Breaking: Federal Appeals Court Allows Louisiana to Display Ten Commandments