BATON ROUGE — Louisiana’s attorney general on Friday issued four suggestions on how public schools should display the Ten Commandments. One says the document shouldn’t be posted behind any teacher’s desk and another says it should be displayed with other historical documents.
Lawmakers last year directed that a copy of the Protestant version of the Ten Commandments be posted in every public school classroom, including those at colleges and universities, beginning Jan. 1. A federal judge in November struck the law down as unconstitutional.
The attorney general’s office has said the judge’s order applies only to five school districts named in a lawsuit challenging the law and that other districts can post the Ten Commandments without violating an order from U.S. District Judge John de Gravelles.
The judge’s order, however, directed the Board of Elementary and Secondary Education and the state’s education secretary to tell all districts about his decision — not just districts covering students in East Baton Rouge, Livingston, Orleans, St. Tammany and Vernon parishes.
“Defendants (Cade) Brumley and BESE Members shall be responsible for providing notice of this order and H.B. 71’s unconstitutionality to all Louisiana public elementary, secondary, and charter schools, and all public post-secondary education institutions,” he wrote.
The American Civil Liberties Union wrote to school districts statewide last month saying that while they were not named defendants in the lawsuit, they could be sued if they didn’t protect the constitutional rights of their students.
“Even though your district is not a party to the ongoing lawsuit, and therefore is not technically subject to the district court’s injunction, all school districts have an independent obligation to respect students’ and families’ constitutional rights. Because the U.S. Constitution supersedes state law, public-school officials may not comply with H.B. 71,” it wrote.
Lester Duhe, a spokesman for the attorney general’s office, said state lawyers viewed the ACLU letter as giving tacit approval for posting the Ten Commandments.
“Even ACLU’s statement agrees non-parties can comply with the law,” he said this week.
In the guidance provided Friday, the attorney general’s office said that to avoid confusion about whether the display could be attributed to a teacher, “a school should place its displays on any classroom wall other than behind a teacher’s desk, podium or location from which a teacher ordinarily delivers instruction.”
It also said the Ten Commandments should be displayed “among others reflecting educational content, such as those displaying the Mayflower Compact, the Declaration of Independence, and the Northwest Ordinance.”
The other suggestions included using one of four sample displays of the Ten Commandments the attorney general’s office provided and ensuring it was large enough to be read.
A court hearing on the challenge to the law is scheduled for Jan. 23.