This week, the Louisiana Governor signed a new law requiring the display of the Ten Commandments in public schools. What will this mean for public schools nationwide?
Louisiana Law
On June 19, 2024, Louisiana Governor Jeff Landry signed House Bill No. 71, which requires that the Ten Commandments be displayed in all Louisiana public classrooms.
The law provides that “the nature of the display shall be determined by each governing authority with a minimum requirement that the Ten Commandments shall be displayed on a poster or framed document that is at least eleven (11) inches by fourteen (14) inches.”
The law also requires that the text of the Ten Commandments be the “central focus” of the poster and be printed in “large, easily readable font.”
Pennsylvania schools districts should note that the law applies to public classrooms in Louisiana only.
Funding the Displays
Under the law, public schools are permitted to spend their funds or donated funds to purchase the displayers. However, public schools are not required to spend their own funds.
Implementing the Law
The law requires the Louisiana State Board of Elementary and Secondary Education to adopt rules and regulations to ensure proper implementation of the new law.
Opposition
Several organizations have already questioned the law’s constitutionality and vowed to challenge it in court. The American Civil Liberties Union, the American Civil Liberties Union of Louisiana, the Americans United for Separation of Church and State, and the Freedom from Religion Foundation announced their intent to file a lawsuit challenging the law.
The aforementioned groups released a joint statement, claiming that the law “violates the separation of church and state and is blatantly unconstitutional.”
Where Does the Supreme Court Stand?
In Stone v. Graham (1980), the Supreme Court overturned a similar Kentucky Law that required the posting of a copy of the Ten Commandments in each public school classroom.
The Supreme Court held that the Kentucky law violated the Establishment Clause of the Constitution and discussed that the requirement to have the Ten Commandments posted had “no secular legislative purpose” and was “plainly religious in nature.”
Bottom Line for Schools
Despite existing precedent, the makeup of the Supreme Court has changed since its previous decision. It is unclear whether the new law will face a similar fate as the Kentucky law in 1980.
Although Pennsylvania public schools are not affected by the Louisiana Law, the anticipated judicial intervention may be of importance. KingSpry’s Education Law Practice Group will continue tracking the law and potential litigation.
