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A federal appeals court gave the green light Friday to a law pushing the posting of the Ten Commandments in public schools in Louisiana, saying the challenge to the policy was not yet “ripe” for a decision.
In allowing the state to move ahead with its law, the full 5th U.S. Circuit Court of Appeals set aside a lower court’s injunction and a ruling by its own circuit three-judge panel.
In an unsigned opinion, the court said the Ten Commandments has both religious and historical significance, and whether it crosses constitutional lines depends on exactly how it is being used in the classrooms. The court said that without knowing more about that, the court can’t say whether the Ten Commandments could be displayed within the bounds of the Constitution.
“That exercise exceeds the judicial function. It is not judging; it is guessing,” the court said.
Circuit Judge James C. Ho agreed in a concurring opinion, but said he would have gone further and affirmatively upheld the law as within the bounds of the Constitution.
“It is fully consistent with the Constitution, and what’s more, it reinforces our Founders’ firm belief that the children of America should be educated about the religious foundations and traditions of our country,” the Trump appointee wrote.
Five of the court members dissented, led by Circuit Judge James L. Dennis, a Clinton appointee.
He said placing a “sacred text, drawn verbatim from scripture,” was exposing school children to a government-endorsed religious message.
“That is precisely the kind of establishment the Framers anticipated and sought to prevent,” he wrote.
The state law laid out standards for the posters containing the Ten Commandments, including minimum size and placement.
Judge Dennis said the law closely resembles one from Kentucky that the Supreme Court found problematic in 1980.
Judge Dennis also said Louisiana’s suggestion that its purpose was to teach about history was “a sham.”
“Here, the legislative record demonstrates that a religious objective dominated,” he wrote.
Louisiana Attorney General Liz Murrill, a Republican, hailed the majority ruling.
“Don’t kill or steal shouldn’t be controversial,” she said in a statement. “My office has issued clear guidance to our public schools on how to comply with the law, and we have created multiple examples of posters demonstrating how it can be applied constitutionally. Louisiana public schools should follow the law.”
Her guidance called for the Ten Commandments to be displayed as part of posters that explored religion’s role in American education and how the laws God gave to Moses have informed congressional and Supreme Court debates over the centuries.
One draws a parallel between Moses and current House Speaker Mike Johnson, a Louisiana Republican, calling them both “lawgivers.”
Ms. Murrill said the posters should be placed alongside other displays about the Mayflower Compact, the Declaration of Independence and the Northwest Ordinance.





