The 5th U.S. Circuit Court of Appeals rejected a state request to temporarily stay an earlier order by U.S. District Judge John deGravelles in Baton Rouge while litigation continues. Arguments before a 5th Circuit panel are scheduled for Jan. 23.
The state contends that deGravelles’ order affects only the five school districts that are defendants in a legal challenge. But it’s unclear whether or how the law would be enforced in the state's 67 other districts while the appeal progresses.
“We’re pleased that the Court of Appeals left the district court’s injunction fully intact,” said Sam Grover, an attorney with the Freedom From Religion Foundation. “As the district court ruled, this law is unconstitutional on its face.”
The state attorney general's office did not immediately respond to an email seeking comment.
DeGravelles ruled that the law, passed by the GOP-dominated Legislature this year, was “overtly religious” and “unconstitutional on its face.” He also said it amounted to unconstitutional religious government coercion of students, who are legally required to attend school.
Proponents say the Ten Commandments are not solely religious and have a historical significance to the foundation of U.S. law. Republican Louisiana Attorney General Elizabeth Murrill has said she disagreed with deGravelles' ruling and that the law is constitutional under Supreme Court precedents.
