Today,
U.S.
District
Judge
John
deGravelles
issued
an
injunction
blocking
the
Louisiana
law
that
would
require
all
public
K-12
schools
and
colleges
to
display
posters
of
the
10
Commandments.
The
Obama
appointee
wrote
the
law
had
an
“overtly
religious”
purpose
and
was
“unconstitutional
on
its
face.”
As
a
matter
of
First
Amendment
jurisprudence,
this
does
not
seem
surprising
in
the
slightest.
The
plaintiffs,
a
coalition
of
parents
of
Jewish,
Christian,
Unitarian
Universalist,
and
nonreligious
backgrounds,
argued
displaying
the
religious
text
impeded
their
religious
freedoms
and
“sends
the
harmful
and
religiously
divisive
message
that
students
who
do
not
subscribe
to
the
Ten
Commandments
…
do
not
belong
in
their
own
school
community
and
should
refrain
from
expressing
any
faith
practices
or
beliefs
that
are
not
aligned
with
the
state’s
religious
preferences.”
And
that
is
certainly
how
generations
of
constitutional
law
scholars
understand
the
law.
As
Heather
L.
Weaver,
Senior
Staff
Attorney
for
the
ACLU’s
Program
on
Freedom
of
Religion
and
Belief,
said,
“This
ruling
should
serve
as
a
reality
check
for
Louisiana
lawmakers
who
want
to
use
public
schools
to
convert
children
to
their
preferred
brand
of
Christianity.
Public
schools
are
not
Sunday
schools,
and
today’s
decision
ensures
that
our
clients’
classrooms
will
remain
spaces
where
all
students,
regardless
of
their
faith,
feel
welcomed.”
But,
state
Attorney
General
Liz
Murrill
said
of
the
decision,
“We
strongly
disagree
with
the
court’s
decision
and
will
immediately
appeal,
as
H.B.
71’s
implementation
deadline
is
approaching
on
January
1,
2025.”
That
means
the
Fifth
Circuit
gets
to
weigh
in.
And
despite
how
clear
I
think
this
is
as
a
matter
of
law,
I
am
not
optimistic.
Above
the
Law
has
already
joked
about
the
case,
“Fifth
Circuit
to
rule
that
the
First
Amendment
protects
the
rights
of
people
of
all
religions
to
worship
Jesus
Christ.”
But
it
feels
a
lot
less
like
humor
and
a
lot
more
like
playing
Cassandra.
The
Fifth
Circuit
is
a
bastion
of
right-wing
legal
thought
that
has
repeatedly
shown
they
will
advance
legally
shallow
arguments
that
move
the
needle
for
conservative
goals.
And
they
aren’t
afraid
to
cite
Christian
beliefs
while
making
the
law.
It’s
a
sad
reality
that
the
Fifth
Circuit’s
decision
in
this
case
feels
like
a
foregone
conclusion,
placing
the
matter
on
a
collision
course
with
the
Supreme
Court.
Which
doesn’t
feel
great
for
fans
of
that
whole
“freedom
from
religion”
thing.
Kathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of
The
Jabot
podcast,
and
co-host
of
Thinking
Like
A
Lawyer.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email
her
with
any
tips,
questions,
or
comments
and
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@Kathryn1 or
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@[email protected].