8th Circuit Hears Oral Arguments in Ten Commandments Case

On September 22, a three-judge panel for the 8th Circuit Court of Appeals heard oral arguments in the case against an Arkansas law allowing posters of the Ten Commandments to be displayed in public schools and public buildings.

Last year, lawmakers passed Act 573 of 2025 by Sen. Jim Dotson (R — Bentonville) and Rep. Alyssa Brown (R — Heber Springs) requiring privately-funded copies of the Ten Commandments to be displayed in public schools and other public buildings in Arkansas. The measure received strong support from the state legislature.

But lawyers from the ACLU and a group of atheist organizations sued to block Act 573 in court.

The federal judge presiding over the case issued decisions claiming the Ten Commandments posters would pressure children “to observe, meditate on, venerate, and follow the State’s favored religious text, and to suppress expression of their own religious beliefs and backgrounds at school.”

However, Arkansas has appealed to the 8th Circuit. Last week, the Arkansas Attorney General’s office asked the appeals court to reverse the district court’s decision and let Arkansans place posters of the Ten Commandments in public schools and buildings as Act 573 allows.

The Attorney General’s office said the 8th Circuit should uphold Act 573, because “the district court’s analysis is flawed across the board.”

The Attorney General’s office noted that the U.S. Supreme Court decides whether displays like the Ten Commandments posters are constitutional based on their longstanding history and tradition.

Over the years, the U.S. Supreme Court has ruled that states are free to honor and recognize documents or symbols that are important to our nation’s history — like the Ten Commandments or the national motto. Courts have also ruled that public school students are free to study religious texts like the Bible academically.

This year the 5th Circuit has been favorable to laws placing the Ten Commandments in school classrooms in Texas and Louisiana. The judges from the 5th Circuit pointed out that “no child is required to recite the Commandments, believe them, or affirm their divine origin.”

With all of this in mind, we believe our federal courts ultimately will uphold Act 573 as constitutional.

You can listen to oral arguments over Act 573 below.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.