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Federal court rules Arkansas law requiring Ten Commandments in classrooms is unconstitutional [1]

['Rob Beschizza']

Date: 2025-08-05

Arkansas lawmakers passed a bill requiring the Ten Commandments to be displayed in every school classroom. A blatant if well-trodden violation of the U.S. constitution's separation between church and state, the law was blocked yesterday in federal court. From the preliminary injunction:

This case begins and ends with Stone, a Supreme Court decision from 1980 that analyzed a law almost identical to the one before this Court and found that it violated the Establishment Clause. The Court already discussed why Kennedy v. Bremerton School District sought to root out the Lemon test's undesirable effect of "singl[ing] out private religious speech for special disfavor." 597 U.S. at 514. But Kennedy did not overrule any public-school Establishment Clause cases involving a state's or school district's imposition of religious doctrine or practices on public-school children. See supra, Section II.C. Kennedy does not alter the reasoning and outcome of Stone—or even mention the case. The Kennedy Court explicitly acknowledged that state-mandated religious displays and practices in the public-school setting are subject to special treatment because public- school children are a captive audience. 597 U.S. at 541–42. And as Stone explains, posting the Ten Commandments on a classroom wall "serves no . . . educational function." 449 U.S. at 42

These laws are a game among conservatives, hoping to be chosen by a right-wing U.S. Supreme Court as its tool to undermine the first amendment. They'll get there eventually; the legal gimmick this time is "requiring it but not using public funds to pay for it."

Clever-dickery is a risky idea when it comes to civics, but I have an idea for countering Ten Commandments requirements for those not inclined toward Satanic imagery: demand the entire Mitzvot be posted in the same type size. This could also be a boon for local stonemasons if it takes off.

Previously:

• Louisiana's new 'Ten Commandments' law actually contains eleven commandments

• Ten Commandments tablet up for auction

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