Background
Louisiana Governor signed House Bill seventy-one into law in June two thousand twenty-four. The statute mandates that every public school classroom display the Ten Commandments on a poster or framed document by January first two thousand twenty-five. The display must include a context statement about the history of the Ten Commandments in American education. Plaintiffs, a group of parents and students from diverse religious and non-religious backgrounds, sued to block the law, arguing it violated the Establishment Clause. The district court granted a preliminary injunction, and the state appealed.
The court’s reasoning
The Fifth Circuit affirmed the district court’s ruling. The court first addressed ripeness, finding the case fit for judicial decision because the statute’s requirements were clear and the plaintiffs faced immediate harm. The court held that the plaintiffs had standing because they would certainly be exposed to the religious displays in their children’s classrooms, constituting a concrete injury. The court rejected the argument that the plaintiffs needed to wait for actual implementation or that they were merely offended observers. The court also found that the state officials had sufficient enforcement authority to be sued under the Ex parte Young exception to sovereign immunity. Finally, the court affirmed the district court’s conclusion that the statute was facially unconstitutional.
What it means going forward
The preliminary injunction remains in effect, preventing Louisiana public schools from implementing the Ten Commandments display requirement. The state officials are enjoined from enforcing the statute pending further proceedings.