Judge blocks Arkansas Ten Commandments law in 4 NWA school districts
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Illustration: Sarah Grillo/Axios
Editor's note: The headline, URL and content of this story were corrected to reflect that the judge temporarily blocked the law from taking effect in four districts (not in the entire state).
A federal judge Aug. 4 temporarily blocked in four school districts an Arkansas law that now requires public school classrooms to prominently display the Ten Commandments.
Why it matters: Some supporters of the change see the Ten Commandments as a historical document that helped shape U.S. law, but the plaintiffs in Bentonville, Fayetteville, Springdale and Siloam Springs argue that displaying the document in public schools infringes on their constitutional right to freedom of religion.
State of play: Arkansas Act 573, passed by the state Legislature this year and signed into law by Gov. Sarah Huckabee Sanders, requires that every "public institution of higher education and elementary and secondary school library and classroom in the state" prominently display a copy of the "historical representation of the Ten Commandments."
- The posters areto be at least 16 inches by 20 inches and in a legible typeface.
- All copies are to be donated or purchased through private funds, but if a donated copy doesn't meet the requirements, the school can replace it using public funds.
The big picture: In his ruling, U.S. Western District of Arkansas Judge Timothy Brooks cited similar laws in nearby Louisiana and Texas. The Louisiana law has been declared unconstitutional, and the Texas law is being challenged, though a ruling hasn't yet been declared.
- Oklahoma's state superintendent issued guidelines last year that every classroom have a copy of the Bible and the Ten Commandments and that teachers should include the documents in the curriculum. The guidance is being challenged.
- At least 15 other states had proposed some form of the law as of February.
What they're saying: "Forty-five years ago, the Supreme Court struck down a Ten Commandments law nearly identical to the one the Arkansas General Assembly passed earlier this year. That precedent remains binding on this Court and renders Arkansas Act 573 plainly unconstitutional," Brooks wrote in the ruling.
- "Why would Arkansas pass an obviously unconstitutional law? Most likely because the State is part of a coordinated strategy among several states to inject Christian religious doctrine into public-school classrooms."
The other side: "In Arkansas, we do in fact believe that murder is wrong and stealing is bad. It is entirely appropriate to display the Ten Commandments — the basis of all Western law and morality — as a reminder to students, state employees, and every Arkansan who enters a government building," Sanders said in a statement emailed to Axios.
- Several state lawmakers sponsoring the bill did not immediately respond to Axios' inquiries.
What we're watching: Arkansas Attorney General Tim Griffin said in a statement to Axios: "I am reviewing the court's order and assessing our legal options."
