A federal appeals court in New Orleans on Friday temporarily limited the scope of a ruling that Louisiana’s law requiring public schools to post the Ten Commandments in all classrooms next year is unconstitutional.
U.S. District Judge John deGravelles’ ruling that the law is unconstitutional remains in effect under the order from the 5th U.S. Circuit Court of Appeals. However, the appellate court temporarily blocked a part of the ruling that requires state education officials to notify school systems statewide that the law has been struck down.
State attorneys say deGravelles overstepped his authority when he ordered that all 72 local school boards be notified of his finding because only five districts are named as defendants in the lawsuit challenging the law. They are preparing appeal arguments against the entire ruling, but say that in the interim deGravelles’ order only affects five school systems — leaving the posting requirement in effect for the other 67.
Friday’s 5th Circuit order was an “administrative stay” in response to what the state termed an emergency request. The order may be altered or lifted as the appeal progresses.
The law specifies a version of the Ten Commandments must be posted in all Louisiana public classrooms from K-12 and at public universities by Jan. 1. It was passed by the Republican-dominated Legislature this year and signed by Republican Gov. Jeff Landry in June.
DeGravelles ruled Tuesday that the law was “overtly religious” and “unconstitutional on its face.” He said state Superintendent of Education Cade Brumley and the state education board — who are defendants in the lawsuit — can take no steps to implement the law. And he told them to notify all school boards that it has been found unconstitutional.
Attorney General Elizabeth Murrill, a Republican ally of Landry, said the state disagrees with the entire ruling. However, she said the notification requirement created an immediate problem because it will confuse school systems where, the state contends, the law remains in effect.
