Court Inhibits Arkansas Law Imposing Ten Commandments Exhibits in Educational Institutions

In a recent ruling, U.S. District Judge Timothy L. Brooks has blocked an Arkansas law that required classroom displays of the Ten Commandments from the King James Bible. The decision comes as a relief to many, ensuring that classrooms will remain spaces where all students, regardless of their faith, feel welcomed and can learn without worry.

The Arkansas law, known as Act 573, is similar to measures adopted in 2024 by Louisiana and this year by Texas. However, unlike the Louisiana law, Arkansas's statute largely requires that Ten Commandments displays be donated or funded privately. Private groups have offered to raise money and donate Ten Commandments displays to schools in Arkansas.

The Arkansas lawsuit named the Fayetteville, Bentonville, Siloam Springs, and Springdale school districts as defendants. Interestingly, these districts declined to defend the law. The recent ruling by Judge Brooks blocks the Arkansas law's implementation in these four defendant districts due to the law being "problematically coercive."

Heather L. Weaver, senior counsel with the ACLU's Program on Religious Freedom and Belief, stated that the ruling "ensures that our clients' classrooms will remain spaces where all students, regardless of their faith, feel welcomed and can learn without worry." Rachel Laser, the president and CEO of Americans United, added that the decision "will ensure that Arkansas families—not politicians or public school officials—get to decide how and when their children engage with religion."

Lucas Harder, the policy services director and staff attorney of the Arkansas School Boards Association, expects more questions about the Ten Commandments law after the judge's ruling. Harder suggests that school districts consult their lawyers about how best to comply with the statute. Arkansas Attorney General Tim Griffin has stated he is reviewing the court's order and assessing legal options.

It's important to note that this is not the first time such a law has been challenged. The Louisiana law was blocked statewide by a federal judge last November, and a three-judge panel of the U.S. Court of Appeals for the 5th Circuit upheld the preliminary injunction in June. The Texas law is currently being challenged by the same coalition of groups, including the American Civil Liberties Union, Americans United for Separation of Church and State, and the Freedom From Religion Foundation.

Judge Brooks' ruling is significant because it suggests that more recent Supreme Court decisions, particularly its 2022 ruling in Kennedy v. Bremerton School District, have not undermined the 1980 U.S. Supreme Court decisions that prohibit religious displays in public school classrooms. The Arkansas law is "nearly identical" to the Kentucky law that the U.S. Supreme Court struck down in 1980 in Stone v. Graham.

The preliminary injunction is expected to apply only to the four defendant districts in the case, according to Harder. However, the ruling could set a precedent for future challenges to similar laws across the nation. The Arkansas Attorney General's office has not yet commented on whether the state plans to require other districts to comply despite the injunction blocking it in the four defendant districts.