Fayetteville, Arkansas – A federal district court has temporarily halted an Arkansas law mandating the display of the Ten Commandments in classrooms, determining that the law likely contravenes the U.S. Constitution and echoes a prior Supreme Court decision from 1980.
The legislation, known as Act 573, was approved by Arkansas lawmakers in April and mirrors similar initiatives enacted in Louisiana and Texas. Each measure necessitates the display of a version of the Ten Commandments derived from the King James Bible in all public school classrooms.
In his ruling, U.S. District Judge Timothy L. Brooks noted that Act 573 is “nearly identical” to a Kentucky law that the Supreme Court deemed unconstitutional in the landmark case Stone v. Graham. He questioned the rationale behind Arkansas enacting what seems to be a constitutionally dubious law, suggesting it may be part of a larger effort by several states to infuse Christian doctrine within public education.
The court’s decision arises amid ongoing legal battles over similar laws. A federal judge blocked the Louisiana statute last November, and a three-judge panel from the 5th Circuit Court of Appeals subsequently upheld that decision. Louisiana has sought review from the full appeals court. Additionally, civil rights groups, including the American Civil Liberties Union, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, have recently filed a lawsuit regarding the Texas law.
In Arkansas, the lawsuit designated several school districts—Fayetteville, Bentonville, Siloam Springs, and Springdale—as defendants. However, these districts opted not to defend the law, prompting state intervention to support its implementation. The act was set to take effect on August 5, but it remains uncertain how the state will enforce compliance with districts not named in the lawsuit.
Attorney General Tim Griffin has said he is evaluating the court’s ruling and considering the state’s legal options moving forward.
In his detailed 35-page ruling, Judge Brooks reaffirmed the principles established in Stone, asserting that the display of the Ten Commandments serves no legitimate educational purpose. He dismissed defenses presented by the state, particularly arguments suggesting that recent Supreme Court rulings, notably the 2022 decision in Kennedy v. Bremerton School District, undermined the precedent set by Stone. Brooks stated that while Kennedy addressed the accommodation of individual religious expression, it did not overturn any previous rulings regarding the imposition of religious ideology in public schools.
Brooks highlighted expert testimony from Steven Green, a professor of history and religious studies, who argued that the law contradicts the Founding Fathers’ ideals of religious liberty and lacks historical precedent for classroom displays of the Ten Commandments. The judge remarked that such displays could be seen as coercive, reinforcing concerns that students may feel pressured in a school environment where staff control their experiences.
The Arkansas law differs from the Louisiana version, which permits districts to use public funds for purchasing Ten Commandments posters, as Arkansas mandates that such displays be privately funded or donated. Judge Brooks pointed out that some districts had begun accepting donations of these posters.
Local education officials voiced concerns about the implications of the ruling as schools prepare to welcome students for the new academic year. Lucas Harder, policy services director at the Arkansas School Boards Association, noted that while the organization has received few inquiries about the newly enacted law, interest may surge following the court’s injunction.
Advocates opposing the law hailed the ruling as a victory for students’ rights, emphasizing that it creates an inclusive environment free from state-imposed religious beliefs. Heather L. Weaver of the ACLU affirmed that the decision ensures classrooms remain spaces where all students feel welcomed, irrespective of their religious backgrounds.
Rachel Laser, president and CEO of Americans United for Separation of Church and State, echoed this sentiment, stressing that decisions about religious engagement in education should lie with families rather than government officials. The organization encouraged all school districts in Arkansas to adhere to the injunction, warning that implementing Act 573 could lead to further legal challenges associated with First Amendment violations.
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