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Fifth Circuit Lifts Injunction, Allowing Louisiana Ten Commandments Classroom Posters to Take Effect

Updated (2 articles)

Circuit Court Reverses Injunction and Restores Law The U.S. Court of Appeals for the Fifth Circuit voted 12‑6 on Feb. 21, 2026 to remove the 2024 injunction that had halted Louisiana’s statute requiring poster‑sized Ten Commandments displays in public‑school classrooms, permitting the law to move forward [1][2]. The panel reheard the case after a three‑judge panel earlier declared the statute unconstitutional, and the full court reversed that ruling [1][2]. The decision reflects the court’s conservative tilt and its willingness to advance Republican‑backed policies [1].

Majority Says Insufficient Implementation Details Block Review The majority opinion held that the court lacks concrete information about how prominently the commandments will be displayed, whether teachers will reference them, or if other historical documents such as the Mayflower Compact will accompany the posters [1][2]. Without those facts, the judges said the case is not yet ripe for a definitive First Amendment analysis [1][2]. This procedural stance delays any substantive constitutional ruling until implementation details emerge [1][2].

Six Judges Dissent, Warning of State‑Endorsed Religion Six dissenting judges, including Circuit Judge James L. Dennis, argued the statute is ripe for review and constitutes government‑endorsed religion imposed on children [1][2]. Dennis warned that the law “is precisely the kind of establishment the Framers anticipated and sought to prevent” [1][2]. The dissent underscores a sharp ideological split within the panel over the Establishment Clause [1][2].

Political Reactions Highlight Partisan Divide Republican Governor Jeff Landry hailed the decision as a triumph of “common sense,” while the ACLU of Louisiana announced it will pursue all legal avenues to keep fighting the law [1]. The contrasting statements illustrate the political stakes surrounding the classroom display requirement [1]. No comparable reaction was noted in the CNN report [2].

Context Includes Similar Laws in Arkansas and Texas Both articles note that Arkansas and Texas have comparable Ten Commandments statutes currently facing federal challenges [1][2]. Texas’ law took effect on Sept. 1, 2025, with districts posting posters despite ongoing injunctions [1][2]. The broader legal landscape suggests the Fifth Circuit’s ruling may influence other state battles over religious displays in schools [1][2].

Supreme Court Precedent Remains Barrier to Religious Displays The Supreme Court’s 1980 decision striking down a Kentucky Ten Commandments statute and its 2005 affirmation that such displays violate the Establishment Clause provide a backdrop for the current dispute [1][2]. Those precedents continue to shape lower‑court analyses of state‑mandated religious symbols [1][2]. The Fifth Circuit’s procedural approach sidesteps direct application of those rulings for now [1][2].

Sources

Timeline

1980 – The Supreme Court rules that a Kentucky statute mandating Ten Commandments displays in public schools violates the Establishment Clause, setting a key precedent for later challenges to religious displays in classrooms[1].

2005 – The Court upholds a Texas Capitol Ten Commandments marker, reaffirming that historical displays may be permissible while still warning against overt religious endorsement[1].

Sept. 1, 2023 – Texas law requiring poster‑sized Ten Commandments in public school classrooms takes effect, with districts posting the signs despite ongoing injunctions, illustrating the growing trend of state‑level religious display statutes[1].

2024 – A federal district court issues an injunction blocking Louisiana’s law that would require poster‑sized Ten Commandments displays in public school classrooms, halting the statute before it can be implemented[1].

June 2024 – A three‑judge panel of the Fifth Circuit declares the Louisiana classroom Ten Commandments law unconstitutional, finding it likely violates the Establishment Clause[2].

Feb. 21, 2026 – The U.S. Court of Appeals for the Fifth Circuit votes 12‑6 to lift the 2024 injunction, allowing Louisiana’s Ten Commandments classroom law to proceed because the case is not yet ripe for a constitutional ruling[1].

Feb. 21, 2026 – Concurring Judge James Ho praises the law as “not just constitutional … our nation’s highest and most noble traditions,” reflecting the panel’s conservative interpretation of religious heritage in public schools[2].

Feb. 21, 2026 – Dissenting Judge James L. Dennis warns that the statute “is precisely the kind of establishment the Framers anticipated and sought to prevent,” highlighting the deep judicial split over church‑state separation[2].

Feb. 21, 2026 – Republican Governor Jeff Landry declares, “Common sense is making a comeback!” celebrating the appellate decision and signaling continued political support for the statute[2].

Feb. 21, 2026 – The ACLU of Louisiana states it will pursue all legal avenues to keep fighting the law, indicating that further litigation is expected despite the appellate lift of the injunction[2].

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