Questions surround Ten Commandments law set to take effect in Louisiana on Jan. 1

NEW ORLEANS (WVUE) — For 67 public school districts in Louisiana, the new law that requires them to display the Ten Commandments in classrooms goes into effect Wednesday (Jan. 1), despite a federal judge issuing an injunction on behalf of plaintiffs who sued from five other school boards to block the measure.

The American Civil Liberties Union threatens to sue any school district that follows through with the law, sending mixed signals for educators going into the new year.

The ACLU joined other free speech and religious freedom groups in a lawsuit against the state after Gov. Jeff Landry signed HB 71 into law over the summer. The law requires public K-12 and state-funded university classrooms to display a poster-sized, state-approved version of the Ten Commandments with “large, easily readable font.”

Federal judge John W. DeGravelles ruled the plaintiffs have adequately demonstrated the likely unconstitutionality of the law and that it would lead to unconstitutional religious coercion of students. The U.S. Fifth Circuit Court of Appeals then ruled that the injunction only applies to the school boards named in the lawsuit: East Baton Rouge, Livingston, Orleans, St. Tammany and Vernon.

“If you are not part of the lawsuit, you are not under the judge’s order,” said Andrew Perry, staff attorney for the ACLU of Louisiana.

Before schools let out for winter break, the ACLU of Louisiana sent a letter to all superintendents for school boards not in the lawsuit, warning them of the federal judge’s ruling and that if any other district displays the Ten Commandments, it also would be sued.

“Compliance with the law would be engaging in unconstitutional conduct and we urge them not to post the Ten Commandments,” Perry said.

The letter said in part: “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.”

In response, Louisiana Attorney General Liz Murrill sent out her own statement, saying she will support any school district that hangs up the Ten Commandments in 2025. She said guidelines will be offered to show districts how they can abide by the new law, and how citizens can print and donate posters that meet the state guidelines. Murrill’s office did not say when those guidelines will be available.

Her statement reads: “HB 71 requires Louisiana classrooms to reflect certain displays of the Ten Commandments as students return from winter break. This week, I will publish guidance to schools on how to comply — in a constitutionally sound manner — with HB 71, including specific displays that citizens may print and donate to their schools.

“I have received inquiries regarding whether a federal court injunction against five school boards (Livingston, St. Tammany, Vernon, East Baton Rouge, and Orleans) prevents other schools from complying with HB 71. It does not. The injunction does not bind schools who are not parties to that litigation, which is ongoing in the Fifth Circuit. Accordingly, I look forward to working with the remainder of our schools as they come into compliance with HB 71.”

Meanwhile, Murrill and the state face another lawsuit tied to HB 71 that was filed by New Orleans history teacher Chris Dier. He says he recently brought up his lawsuit to his high school class before the semester exams.

“I remember asking how many know that I am currently suing the state, and all but one raised their hand. And then the questions started flowing,” Dier said.

Dier says he wanted to file his own lawsuit to emphasize constitutional protections for educators and students in the classroom.

“This would inevitably alienate Catholics, non-Christians, Muslims, Jewish students, Hindu students, atheist students,” Dier said. “Students want to feel seen. They want to be heard and valued.”

While the legal battles play out, Dier says he wants to spend time in the new year educating his class on the impact of the Ten Commandments law in Louisiana and the rest of the country.

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