The full panel of judges on the U.S. 5th Circuit Court of Appeals heard arguments Tuesday in a case that could require Louisiana public schools to feature posters with the Ten Commandments in every classroom.

Attorney Liz Murrill sought a rehearing with all 17 judges from the 5th Circuit after a three-judge panel ruled in June that the 2024 state law requiring the displays was 鈥減lainly unconstitutional.鈥� A group of parents of public school students had filed a lawsuit against the state to block the law, which includes the text of a Protestant version of the Ten Commandments, from being enforced.

The case, Roake v. Brumley, could hinge on whether the law violates the First Amendment鈥檚 Establishment Clause, which prohibits governments from endorsing a specific religion. Whether a comparable law in Texas takes effect will likely depend on the outcome of the Louisiana case.

The plaintiffs in the case are represented by the American Civil Liberties Union, Americans United for Separation of Church and State and the Freedom from Religion Foundation. Judges grilled their lawyers with questions about basing their arguments on the long-standing precedent from the case Stone v. Graham, a 1980 ruling from the U.S. Supreme Court that overturned a similar law in Kentucky. Justices decided then that the First Amendment bars public schools from posting the Ten Commandments in classrooms.

Some 5th Circuit judges said they believe the Stone decision was effectively nullified because it relied on a precedent from the 1971 case Lemon v. Kurtzman, which the Supreme Court overturned in 2022. The so-called Lemon test has been applied for five decades to decide what amounts to a violation of the Establishment Clause.

The 2022 case, Kennedy v. Bremerton, involved a Washington state high school football coach who was fired for praying at midfield after games and allowing students to join him. Joseph Kennedy got his job back after conservative justices prevailed in a 6-3 decision, saying the post game prayers do not amount to a school endorsement of Christianity.

Attorneys for the plaintiffs told the 5th Circuit judges that the Kennedy decision might have overturned Lemon but did not nullify the Stone ruling. Still, some judges questioned how an 11-inch by 14-inch poster amounts to coercion of religious beliefs.

In a news conference after the nearly two-hour hearing, Murrill expressed confidence in the state鈥檚 arguments but predicted the case is likely headed to the Supreme Court regardless of the 5th Circuit鈥檚 decision.

鈥淲e believe that you can apply this law constitutionally,鈥� Murrill said.

Gov. Jeff Landry, who attended Tuesday鈥檚 hearing, called the Ten Commandments one of the nation鈥檚 foundational documents.

鈥淚 think Americans are just tired of the hypocrisy,鈥� Landry said. 鈥淚 just think that it鈥檚 high time that we embrace what tradition and heritage is in this country, and I agree with the attorney general. I like our chances.鈥�

The Rev. Jeff Sims, one of the plaintiffs and a Presbyterian minister in Covington, issued a statement after the hearing saying he wants to be the one to decide on the religious education that his children receive.

鈥淚 send my children to public school to learn math, English, science, art, and so much more 鈥� but not to be evangelized by the state into its chosen religion,鈥� Sims said. 鈥淭hese religious displays send a message to my children and other students that people of some religious denominations are superior to others. This is religious favoritism and it鈥檚 not only dangerous, but runs counter to my Presbyterian values of inclusion and equality.鈥�

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The two new Texas laws are part of a broader push this year as Republican lawmakers in pursue bills that bolster the presence of religion in public schools 鈥� legislation critics contend violates the Constitution. The Establishment Clause of the First Amendment states 鈥淐ongress shall make no law respecting an establishment of religion,鈥� or favor one over another. Proponents of the policies in Texas and other conservative states have framed the laws as a matter of religious freedom and believe the Supreme Court is on their side. 

On the same day Abbott took those steps to legislate religion in public schools, a federal appeals court in New Orleans found a similar law requiring Ten Commandments displays in Louisiana classrooms was unconstitutional.

In Texas, and throughout the South in particular, the new laws have garnered overwhelming support from the public, the shows. While 52% of adults nationally said they favor allowing teachers to lead prayers that refer to Jesus, 81% felt that way in Mississippi and 61% did in Texas. In the Lone Star State, 38% of adults opposed having teachers lead Christian prayer. 

The latest results are 鈥渁 lot higher than what we鈥檙e used to seeing鈥� among Americans who 鈥渨ant to see the end of church-state separation or public displays [of the Ten Commandments],鈥� Chip Rotolo, a research associate at Pew focused on religion, told 社区黑料. 

Views on Christian prayers in public school, by state

% who say they oppose/favor allowing public school teachers to lead their classes in prayers that refer to Jesus

Note: The blue and orange bars show the confidence intervals around each estimate at a 95% confidence level. In the 16 states with unbolded names, the shares saying they favor and saying they oppose Christian prayers in public schools are not significantly different.
Source: Religious Landscape Study of U.S. adults conducted July 17, 2023-March 4, 2024

Jonathan Covey, the policy director at the nonprofit lobbying group Texas Values, told 社区黑料 he wasn鈥檛 surprised by the survey results as people turn to religion as an 鈥渙pportunity for moral clarity鈥� and to find 鈥渃omfort and encouragement in difficult times.鈥� 

鈥淭he country wanting to see the involvement of religion in civic society, that has been a good thing, and we鈥檝e seen that the Supreme Court has said that the Establishment Clause doesn鈥檛 demand a strict government neutrality towards religion,鈥� Covey said. 鈥淎ctually to the contrary, it’s always been understood that religion has a place in American civic society.鈥�

Texas Values lobbied the state legislature to get the new laws across the finish line. One requires a 16-by-20-inch poster of the Ten Commandments be displayed in every public school classroom statewide. The second allows public schools to provide students and educators time during the school day to pray or read the Bible or other religious texts.  

Jonathan Saenz, the group鈥檚 president, called the new Ten Commandments requirement 鈥渁 Texas-sized blessing,鈥� noting in a statement that it 鈥渟tands shoulder to shoulder with partner organizations鈥� and is prepared to fight 鈥渁gainst any court challenges brought against it.鈥�  

Americans United for Separation of Church and State, a nonprofit that opposes government policies intertwined with religion, over the Texas law requiring the Ten Commandments be displayed in classrooms. The group has against a similar Arkansas requirement signed into law in April. In that lawsuit, seven Arkansas families with children in public schools 鈥� and who identify as Jewish, Unitarian Universalist, Humanist, agnostic, atheist and nonreligious 鈥� allege the law imposes one religious perspective on all students. 

Meanwhile, a three-judge panel of the Fifth Circuit Court of Appeals, considered among the nation鈥檚 most conservative, issued blocking Louisiana鈥檚 Ten Commandments law. The judges found the requirement to install a Protestant version of the commandments violated the Establishment Clause. 

Constitutional attorney Andrew Seidel, who serves as vice president of strategic communications at Americans United for Separation of Church and State, said the Fifth Circuit鈥檚 ruling made clear that 鈥渢he separation of church and state is the best protection for religious freedom that we have.鈥�

鈥淭hese Ten Commandments displays are meant to tell the viewer 鈥� the captive kindergartener or third grader or seventh grader 鈥� which God is approved by the government, which God to pray to, which religion is correct,鈥� Seidel told 社区黑料. 鈥淭hat is inappropriate for a public school classroom, as inappropriate as it is clear that that tells the Buddhist students that they鈥檙e wrong, the Muslim kid that their religion is false, the Hindu child that their gods are fallacious, and the non-religious and atheist and agnostic kids are told by the state they鈥檙e misguided.鈥� 

Religion is partisan

Results from the Pew study reflect a political split on support for the separation of church and state. Opposition to teacher-led prayer at school was strongest in Democratic strongholds like Massachusetts and California and highest in Washington, D.C., at 69%. Across 22 states, majorities of adults supported school prayers led by teachers. Opponents were in the majority in 12 states and the District of Columbia, and in 16 states, the share of respondents who supported school prayer was not statistically different from those in opposition. The nationally representative survey of nearly 37,000 U.S. adults, taken between July 2023 and March 2024, has a margin of error of plus or minus 0.8 percentage points. 

Rotolo, the Pew research associate, said he found the regional patterns particularly interesting. While support was strongest in the South, 鈥測ou see right down the whole West Coast, most people oppose seeing Christian prayer in school.鈥�

Pew , when 46% of adults said teachers should not be allowed to lead students in any kinds of prayers, a practice that saw support at the time from just 30% of respondents. However, 23% said they had no opinion on the issue. The latest survey didn鈥檛 give respondents an opportunity to choose 鈥渘either.鈥� 

鈥淛ust by posing the question differently, we actually see some different results,鈥� Rotolo said, acknowledging that the change could also reflect a shift in public opinion over the last four years. It鈥檚 also possible that some respondents who said they support school prayer in the recent survey 鈥渕ay not have particularly strong opinions about this鈥� and may have chosen 鈥渘either鈥� if given the option. 

Rotolo said the favorability of teacher-led prayer in public schools was dominant among Republicans, at 70%.  Just 34% of Democrats were in support. Older Americans were also significantly more likely to allow educator-led prayers in schools than recent high school students. 

Support also varied drastically between racial groups. Among Black respondents, 67% supported teacher-led prayer compared to 50% of white adults. Just 36% of Asian Americans were in favor. 

Seidel, of Americans United for Separation of Church and State, said he wasn鈥檛 particularly surprised to see the Pew survey results, in part because it reflects a 鈥渃oordinated assault on the separation of church and state right now鈥� amid attempts by lawmakers across the country 鈥渢o promote Christian nationalism.鈥� 

鈥淭hose folks in the minority, whether it be religion or nonreligious, are the biggest supporters of separation of church and state because they know what it is to have a government impose their religion on them,鈥� Seidel said.

Meanwhile in 2023, in the nation to allow school districts to hire religiously affiliated chaplains to provide counseling services to students. As of April, has hired a full-time religious chaplain while more than two dozen others have opted out of the measure. In 2021, Texas lawmakers required schools to display any 鈥淚n God We Trust鈥� signs donated to them by private organizations, and in 2024, the State Board of Education that relies heavily on biblical teachings. 

The efforts to bolster religion in schools, including in Texas and Louisiana, could again appear before the Supreme Court, which has a 6-3 conservative majority. In 1980, the high court be displayed in classrooms, finding the displays served no secular purpose and ran afoul of the First Amendment. 

This time, Republican lawmakers are banking on a more favorable court makeup. In 2022, the Supreme Court found the First Amendment protected a Washington high school football on the field after games. Last month, an evenly divided Supreme Court blocked the opening of a religious charter school in Oklahoma, which would have been the nation鈥檚 first. If Justice Amy Coney Barrett had not recused herself in that case, some believe there would have been a majority permitting the school.

Covey, of the nonprofit Texas Values, said recent Supreme Court opinions have begun to abandon the 1980 opinion against the Ten Commandments displays in Kentucky schools. The court鈥檚 opinion upholding the Washington football coach鈥檚 right to pray on the field, he said, was 鈥渢he nail in the coffin.鈥�