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Friday, a federal court of appeal ruled on Friday in favor of a coalition of parents of Louisiana who continued to block a law of the state which obliges public schools and colleges in Show the ten commandments in classrooms.
The decision of the Court of Appeal confirms a lower courtyard decision in November Declare the law of “unconstitutional” Louisiana.
“Parents and students dispute a law forcing public schools to permanently display the ten commandments in each Louisiana class. The district court has noted that the status buried a non -institutional and preliminary status enjoin its application. We affirm,” said the court in his decision.
Now, the case is getting closer to the potentially before the United States Supreme Court, which has a 6-3 conservative majority.
“We are grateful to this decision, which honors religious diversity and the rights of religious freedom for families of public schools across Louisiana,” said The Reverend Darcy Roake, who is an applicant in the case.
The attorney general of Louisiana, Liz Murrill, will continue to continue the case by the courts.
“We are strongly disagreed with the assertion by the fifth circuit of an injunction preventing five parishes of Louisiana from implementing HB71. We will immediately ask for a repair of the fifth full circuit and, if necessary, of the Supreme Court of the United States,” said Murrill in a statement.
The law of Louisiana has entered into force this year in public schools from kindergarten to 12th year and universities funded by the State. State officials have published advice on how the posters of the ten commandments could be designed and hung up in classrooms for educational purposes.
Although the law applies to the majority of state school districts, the five school districts that have parents who are complainants in the original trial are exempt while the dispute takes place.
We do not know how much, if necessary, the school districts began to comply, and questions remain on what could happen to educators who ultimately do not cooperate.
During the hearing of the Federal Court of Appeal in January, Louisiana’s general solicitor, Benjamin Aguñaga, argued that the complainants’ trial had been filed too early – before posters were posted.
“The complainants seek to question the hypothetical displays which do not exist and which they have never seen,” said Aguñaga.
“The complainants jumped the weapon here and laid an un mature case,” he said.
But Jonathan Youngwood, lawyer for the coalition of parents representing Jewish, Christians, universalist and non -religious circles, said that the aim of the law is linked to religion and violates a separation of the Church and the State.
“What makes this so important is the requirement that it is in each (classroom) throughout your 13 years in the public school, 177 days a year,” said Youngwood. “It cannot be avoided. It cannot be avoided.”
The American Civil Liberties Union, the American Civil Liberties Union of Louisiana, American American for the separation of the Church and the State, the Freedom from Religion Foundation, and Simpson Thacher & Bartlett LLP support the complainants.
The attorney general of Louisiana, Liz Murrill, said that no public funds should be spent to print posters and that they can be provided by private donations. The law dictates that the posters must be at least 11 in 14 inches and include a “context declaration” which provides a historical context for commandments, which, depending on the State, makes its law constitutional.
In an article on Facebook in January, Murrill said that the state maintains that federal courts “have no competence to decide on this case.”
“The Constitution does not prohibit the attempt of our legislature to teach to our students what the Supreme Court has said on several occasions: the ten commandments are of historical importance as the basis of our legal system,” said Murrill.
But the American district judge John Degravelles of the central district of Louisiana did not agree with the State in its decision in November, in which he wrote that there was no “constitutional means of displaying the ten commandments in accordance with the minimum requirements of the law”.
The Supreme Court also addressed the question previously, when The judges reigned 5-4 in 1980 This publication by Kentucky of the ten commandments in public schools was unconstitutional.
However, President Donald Trump Approved Louisiana’s law During his campaign.
Louisiana and other states led by the Republicans have put pressure for new bills and policies which test the limits of religion in public schools. This included Oklahoma commanding public schools from five to 12th year to Burn the bible In course plans and Texas allowing public school districts to oppose a new primary school program featuring the Bible courses.
In April, the Supreme Court heard an offer by Oklahoma officials To approve the first school with a religious charter funded by the country.
Meanwhile, republican leaders of other states have supported legislation similar to that of Louisiana which would allow the ten commandments in public schools. In April, Arkansas legislation demanding that the ten commandments be displayed in all classrooms and public school libraries has become the law a few days after the GOP controlled legislature adopted it. Texas adopted its own bill in May, and governor Greg Abbott, a republican, should sign it.