Federal Appeals Court Allows Louisiana Ten Commandments Law to Take Effect

FOR IMMEDIATE RELEASE

February 27, 2026

Federal Appeals Court Allows Louisiana Ten Commandments Law to Take Effect

Decision marks significant development in national debate over religious expression in public education

BATON ROUGE, La. - Pacific Justice Institute (PJI) is welcoming a recent decision from the U.S. Court of Appeals for the Fifth Circuit allowing Louisiana's Ten Commandments law to take effect while litigation proceeds.

The challenged statute, Louisiana House Bill 71, enacted by the Louisiana Legislature, requires public schools to display the Ten Commandments in classrooms alongside contextual historical materials addressing their influence on Western legal tradition.

Pacific Justice Institute participated in the legislative process by providing legal analysis and testimony before lawmakers at the Louisiana State Capitol supporting the constitutionality of the measure. Ronald Hackenberg, attorney with Pacific Justice Institute, testified regarding the historical and constitutional significance of the Ten Commandments within American civic development.

The law has been challenged by organizations including the American Civil Liberties Union and

Americans United for Separation of Church and State, which filed suit alleging violations of the Establishment Clause of the First Amendment. The litigation centers on whether historical displays of religious texts in educational settings constitute government endorsement of religion.

Supporters of the law point to Supreme Court precedent recognizing that religious texts may be displayed for historical and cultural purposes, including Van Orden v. Perry, 545 U.S. 677 (2005), where the Court upheld a Ten Commandments monument on public property. They also note that the Court has evaluated similar questions under the historical practices framework discussed in Kennedy v. Bremerton School District.

"Throughout American history, moral and legal principles reflected in the Ten Commandments have influenced our understanding of justice and civil order," said Ronald Hackenberg. "Displaying these principles in a historical and educational context is consistent with longstanding constitutional interpretation."

The national discussion surrounding the measure also reflects observations by former Supreme Court Justice Antonin Scalia, who emphasized that acknowledgment of the nation's religious heritage does not inherently violate constitutional limits when presented in a non-proselytizing manner.

PJI Founder and President Brad Dacus said the Fifth Circuit's ruling underscores the importance of protecting historical expression within the public square.

"The Ten Commandments represent moral principles that have shaped legal systems for centuries," Dacus said. "Recognizing that historical influence within education respects both constitutional boundaries and the heritage that contributed to the development of American law."

The Fifth Circuit's decision allows the statute to take effect as litigation continues in federal court, positioning the case as part of a broader national conversation concerning religious expression, educational policy, and constitutional interpretation.

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