Today, U.S. District Judge John deGravelles issued an injunction blocking the Louisiana law that would require all public K-12 schools and colleges to display posters of the 10 Commandments. The Obama appointee wrote the law had an “overtly religious” purpose and was “unconstitutional on its face.”
As a matter of First Amendment jurisprudence, this does not seem surprising in the slightest. The plaintiffs, a coalition of parents of Jewish, Christian, Unitarian Universalist, and nonreligious backgrounds, argued displaying the religious text impeded their religious freedoms and “sends the harmful and religiously divisive message that students who do not subscribe to the Ten Commandments … do not belong in their own school community and should refrain from expressing any faith practices or beliefs that are not aligned with the state’s religious preferences.” And that is certainly how generations of constitutional law scholars understand the law.
As Heather L. Weaver, Senior Staff Attorney for the ACLU’s Program on Freedom of Religion and Belief, said, “This ruling should serve as a reality check for Louisiana lawmakers who want to use public schools to convert children to their preferred brand of Christianity. Public schools are not Sunday schools, and today’s decision ensures that our clients’ classrooms will remain spaces where all students, regardless of their faith, feel welcomed.”
But, state Attorney General Liz Murrill said of the decision, “We strongly disagree with the court’s decision and will immediately appeal, as H.B. 71’s implementation deadline is approaching on January 1, 2025.”
That means the Fifth Circuit gets to weigh in. And despite how clear I think this is as a matter of law, I am not optimistic. Above the Law has already joked about the case, “Fifth Circuit to rule that the First Amendment protects the rights of people of all religions to worship Jesus Christ.” But it feels a lot less like humor and a lot more like playing Cassandra.
The Fifth Circuit is a bastion of right-wing legal thought that has repeatedly shown they will advance legally shallow arguments that move the needle for conservative goals. And they aren’t afraid to cite Christian beliefs while making the law. It’s a sad reality that the Fifth Circuit’s decision in this case feels like a foregone conclusion, placing the matter on a collision course with the Supreme Court. Which doesn’t feel great for fans of that whole “freedom from religion” thing.
Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @[email protected].