The State of Louisiana isn't attempting to proselytize students via H.B.71. Instead, the state wants to pay tribute to the impact that the Ten Commandments had on the nation's laws. Still, a three-judge panel of the 5th U.S. Circuit Court of Appeals recently ruled against Louisiana.
The state's Republican attorney general, Liz Murrill, is appealing that decision to the entire 5th Circuit, meaning all the judges on the 5th Circuit will hear arguments over the case. The law firm Becket is representing Louisiana in the case.
"Passive religious imagery, like a poster of the Ten Commandments, is simply not an establishment of religion – and there's nothing wrong with having an image like that in a public space like a public school," says attorney Joe Davis of Becket.
"The three-judge panel really defied the 5th Circuit's own prior precedent on religious imagery and also split with other circuits on the question."
That, says the attorney, is "exactly the kind of things that the full court process is designed to fix."
Murrill agrees. "This is exactly the sort of case that warrants full Court review, and we appreciate the Court's careful consideration," the state AG stated on X.
The 5th Circuit's ruling backs an order issued last fall by U.S. District Judge John deGravelles, who declared the mandate unconstitutional. Judge deGravelles also ordered state education officials not to enforce it and to notify all local school boards in the state of his decision.
The 5th Circuit, based in New Orleans, has appellate jurisdiction in three Louisiana districts, two in Mississippi, and four in Texas.
