Appeals Court Clears Path for Louisiana's Ten Commandments Classroom Law

Appeals Court Vacates Injunction on Ten Commandments Law

A federal appeals court has cleared the way for a Louisiana law mandating the display of the Ten Commandments in public school classrooms across the state. On Friday, February 20, 2026, the full 5th U.S. Circuit Court of Appeals voted 12-6 to vacate a preliminary injunction that had previously blocked the implementation of House Bill 71 (H.B. 71). The ruling means the law can now take effect, though it does not definitively rule on its constitutionality.

The court determined that it was 'premature' to make a judgment on the law's constitutionality, citing a lack of concrete information regarding how the displays would be implemented in classrooms. The panel indicated it did not have enough details to consider potential First Amendment issues, such as the prominence of the religious text or whether teachers would refer to it during instruction.

Background of Louisiana's H.B. 71

H.B. 71, also known as Act 676, was signed into law by Governor Jeff Landry on June 19, 2024, and became effective on January 1, 2025. The law requires all public school classrooms, from kindergarten through state-funded universities, to display a poster or framed document of the Ten Commandments. Specific requirements for the display include:

• A minimum size of 11x14 inches.
• Text presented in a 'large, easily readable font'.
• Inclusion of a four-paragraph 'context statement' explaining the historical role of the Ten Commandments in American education and government.

The law also stipulates that state funds will not be used for these displays, which are to be financed through donations.

Legal Challenges and Court's Reasoning

The law faced immediate legal challenges. A lawsuit, Rev. Roake v. Brumley, was filed by a multi-faith group of nine Louisiana families with children in public schools, represented by organizations including the ACLU, ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom From Religion Foundation. On November 12, 2024, U.S. District Judge John W. deGravelles issued a preliminary injunction, deeming H.B. 71 unconstitutional and arguing it was 'coercive to students'.

An initial three-judge panel of the 5th U.S. Circuit Court of Appeals upheld this injunction in June 2025. However, the full court later agreed to rehear the case 'en banc'. In its recent decision, the full court vacated the preliminary injunction, stating that the lawsuit was 'premature' because the scriptural displays had not yet been posted in the plaintiffs' classrooms. The court acknowledged that 'nothing in today's narrow holding prevents future as-applied challenges once the statute is implemented and a concrete factual record exists.'

Reactions and Future Outlook

Louisiana Attorney General Liz Murrill affirmed that schools should now comply with the law, stating, 'Don't kill or steal shouldn't be controversial.' Her office has issued guidance to public schools on how to adhere to the mandate. Governor Landry celebrated the ruling, declaring, 'Common sense is making a comeback!'

Opponents of the law expressed strong disappointment. The groups representing the plaintiffs stated, 'Today's ruling is extremely disappointing and would unnecessarily force Louisiana's public school families into a game of constitutional whack-a-mole in every school district.' They have pledged to explore all legal avenues to continue their fight against the law.

This case draws parallels to the 1980 U.S. Supreme Court decision in Stone v. Graham, which struck down a similar Kentucky law requiring Ten Commandments displays, ruling it violated the Establishment Clause of the First Amendment. Louisiana's law attempts to differentiate itself by including a historical 'context statement'. Similar laws have also been passed in other states like Arkansas and Texas, which have also faced legal challenges.