Federal Appeal Process Continues Over Arkansas’ Ten Commandments Law
Last week, U.S. District Judge Timothy Brooks issued a final decision against the Ten Commandments in a group of Arkansas school districts, but higher federal courts are already weighing arguments from the case.
Last year the Arkansas Legislature passed Act 573 by Sen. Jim Dotson (R — Bentonville) and Rep. Alyssa Brown (R — Heber Springs). This good law requires privately-funded copies of the Ten Commandments to be displayed in public schools and other public buildings across the state. The measure received strong support in the Arkansas Legislature, and Governor Sanders signed it into law last April.
However, it did not take long for attorneys from the ACLU and a group of atheist organizations to sue to block Act 573. Last week, Judge Brooks in Fayetteville issued a final bad ruling against Act 573 in that lawsuit.
Fortunately, Arkansas Attorney General Tim Griffin has intervened in the case, and his office has already appealed previous rulings Judge Brooks made against Act 573 last year.
Amicus briefs in support of Act 573 have already been filed at the Eighth U.S. Circuit Court of Appeals in St. Louis.
It’s also worth noting a federal appeals court sided with the State of Louisiana last month in a similar case over the Ten Commandments.
In 2024, Louisiana passed a law allowing Ten Commandments displays in public school classrooms, but the measure drew immediate legal challenges from groups like the ACLU — just like Arkansas’ Act 573 did.
Fortunately, the Fifth U.S. Circuit Court of Appeals ruled that a lower court was wrong to block Louisiana’s Ten Commandments law.
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.
The Ten Commandments are one of the earliest examples of the rule of law, and they have had a profound impact in shaping our society and our government.
In his motion for summary judgment in Arkansas’ Ten Commandments case, Attorney General Tim Griffin wrote:
The Ten Commandments “have been the most influential law code in history.” … And displays and depictions of the decalogue and of Moses throughout government buildings and property reflect the significance of the Ten Commandments to our Nation’s history and heritage. … Act 573 does not violate the Establishment Clause because it is consistent with historical practices and understandings and does not bear any of the hallmarks of religious establishment.
During her testimony in support of Act 573 last year, Rep. Alyssa Brown noted that the U.S. Supreme Court now uses a “longstanding history and tradition test” to decide if it is constitutional to display something like a copy of the Ten Commandments. Rep. Brown said, “The Ten Commandments without a doubt will pass this longstanding history and tradition test.”
We believe our federal courts ultimately will agree and uphold Act 573 as constitutional.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.
