Atheist Groups Renew Legal Fight Against Arkansas Ten Commandments Monument

Above: Former Sen. Jason Rapert and then-Rep. Kim Hammer unveil Arkansas’ monument commemorating the Ten Commandments in this file photo from 2018. Atheist organizations filed a lawsuit to have the monument removed, but the case has remained in limbo for seven years.

Last Friday, a group of atheist organizations filed a new motion in federal court to remove a monument of the Ten Commandments from the Arkansas Capitol lawn.

In 2015, the Arkansas Legislature authorized a privately funded monument of the Ten Commandments on the Arkansas Capitol Building grounds. The monument is identical to one the U.S. Supreme Court ruled constitutional at the capitol building in Texas.

It was unveiled in 2018, but atheist groups like the Freedom From Religion Foundation and the Satanic Temple quickly filed a federal lawsuit to have the monument removed. The case has been in legal limbo ever since.

Earlier this year the Arkansas Legislature passed a separate law, Act 573 of 2025 by Sen. Jim Dotson (R — Bentonville) and Rep. Alyssa Brown (R — Heber Springs), authorizing privately funded Ten Commandments posters to be displayed in public schools and other public buildings in Arkansas. The measure received strong support in the Arkansas Legislature, but lawyers from the ACLU and a group of atheist organizations filed a federal lawsuit against four public school districts to block Act 573. On August 4, U.S. District Judge Timothy Brooks partially blocked a state law placing copies of the Ten Commandments in Arkansas’ public schools.

The new motion against Arkansas’ Ten Commandments monument argues that the court ruling against the Ten Commandments posters in four Arkansas schools means U.S. District Judge Kristine Baker should rule against Arkansas’ Ten Commandments monument on the capitol grounds.

The new motion claims,

This Court should grant summary judgment for the Cave Plaintiffs, invalidate the Ten Commandments Monument Display Act as violating the Establishment Clause, and order that the Ten Commandments Monument located on the Arkansas State Capitol grounds be permanently removed.

The truth is Arkansas’ monument of the Ten Commandments is identical to one the U.S. Supreme Court ruled constitutional at the Texas Capitol Building in 2005.

As we have said many times, there shouldn’t be anything controversial about a monument honoring the significance of the Ten Commandments.

Historians have long recognized the Ten Commandments as one of the earliest examples of the rule of law in human history, and they have helped shape philosophy and laws in countries around the world.

That’s why the Ten Commandments traditionally have appeared in artwork at courthouses and other public buildings.

Arkansas’ laws commemorating the Ten Commandments honor their historical and cultural legacy. With that in mind, we believe our federal courts eventually will resolve these lawsuits and uphold Arkansas’ Ten Commandments laws as constitutional.

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

Unpacking Judge Brooks’ Ruling Over Ten Commandments in Public Schools

On Monday, U.S. District Judge Timothy Brooks partially blocked a state law placing copies of the Ten Commandments in Arkansas’ public schools.

Act 573 of 2025 by Sen. Jim Dotson (R — Bentonville) and Rep. Alyssa Brown (R — Heber Springs) requires privately funded copies of the Ten Commandments to be displayed in public schools and other public buildings in Arkansas.

The measure received strong support in the Arkansas Legislature earlier this year, and Act 573 was slated to take full effect on August 5.

However, lawyers from the ACLU and a group of atheist organizations filed a federal lawsuit against four public school districts to block Act 573.

Below are a few key points from Judge Brooks’ ruling that partially blocked Act 573.

The Ruling Is a Preliminary Injunction

Judge Brooks’ decision is a preliminary injunction. It blocks four school districts in Arkansas from complying with Act 573 while the lawsuit plays out in court.

This means that Act 573 has not been ruled unconstitutional. The law has been partially blocked for the time being while the attorneys argue the case in federal court. It could be months before a final decision is reached in the case, and that decision could be appealed to a higher court.

The Ruling Only Affects Four School Districts

Judge Brooks blocked the following four school districts from complying with the law:

  • The Fayetteville School District
  • The Springdale School District
  • The Bentonville School District
  • The Siloam Springs School District

Act 573 still applies to other school districts in Arkansas that are not part of the lawsuit.

The Ruling Does Not Affect Public Buildings Other Than Public Schools

Act 573 is part of a larger law allowing the national motto — “In God We Trust” — to be displayed in government buildings along with the U.S. flag and the Arkansas flag.

Besides public school classrooms, Act 573 says the Ten Commandments can be placed in state colleges and universities and in any “public building or facility in this state that is maintained or operated by taxpayer funds.”

That means posters of the Ten Commandments could be placed in city buildings, county courthouses, public libraries, and other government buildings or offices across the state.

The decision to partially block Act 573 has no bearing on these other public buildings.

The Ruling Does Not Affect Posters of the National Motto

In 2017 Arkansas passed the National Motto Display Act allowing the national motto — “In God We Trust” — to be displayed in Arkansas’ classrooms along with the U.S. flag and the Arkansas flag. Act 573 amended the National Motto Display Act to add the Ten Commandments to the list of historical items displayed in school.

Judge Brooks’ ruling does not block schools from displaying the national motto as state law allows.

We Expect Higher Courts Will Uphold Act 573

During her testimony in support of Act 573 last April, 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.”

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.

In the court proceedings over Act 573, Attorney General Tim Griffin’s office pointed out:

As the [U.S.] Supreme Court has repeatedly recognized, the Ten Commandments have enormous historical significance “in America’s heritage.” . . . It is therefore beyond serious dispute—and settled by the Supreme Court—that the Ten Commandments have historical significance and are “one of the foundations of our legal system.”

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.

We believe our federal courts ultimately will agree and uphold Act 573 as constitutional.

Help Promote the Ten Commandments in Arkansas

Visit the website RestoreAmericanschools.com to order Ten Commandments posters that you can donate to public buildings in your community in Arkansas.

You can also read Act 573 here.

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

Federal Judge Partially Blocks Law Placing Ten Commandments in Public Schools

On Monday, U.S. District Judge Timothy Brooks partially blocked a state law placing copies of the Ten Commandments in Arkansas’ public schools.

Act 573 of 2025 by Sen. Jim Dotson (R — Bentonville) and Rep. Alyssa Brown (R — Heber Springs) requires privately-funded copies of the Ten Commandments to be displayed in public schools and other public buildings in Arkansas.

The measure received strong support in the Arkansas Legislature earlier this year, and Act 573 is slated to take effect in August.

However, in an effort to block Act 573, lawyers from the ACLU and a group of atheist organizations filed a federal lawsuit against four public school districts:

  • The Fayetteville School District
  • The Springdale School District
  • The Bentonville School District
  • The Siloam Springs School District

Arkansas Attorney General Tim Griffin has intervened in the case as well, and his office is defending Act 573.

Act 573 was set to take effect Tuesday, but Judge Brooks blocked the four school districts from complying with the law. Act 573 still applies to other school districts in Arkansas that are not part of the lawsuit.

In his ruling, U.S. District Judge Timothy Brooks made a shocking claim about Act 573 and the legislature’s reason for enacting this good law, writing:

“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. These states view the past decade of rulings by the Supreme Court on religious displays in public spaces as a signal that the Court would be open to revisiting its precedent on religious displays in the public school context.”

In 2017 Arkansas passed the National Motto Display Act allowing the national motto — “In God We Trust” — to be displayed in Arkansas’ classrooms along with the U.S. flag and the Arkansas flag. Act 573 amended the National Motto Display Act to add the Ten Commandments to the list of historical items displayed in school. Nothing in Act 573 suggests Arkansas’ elected lawmakers are part of a “coordinated strategy” to inject Christianity in public schools. That is an unnecessary attack on the Arkansas Legislature. A state lawmaker might just as easily accuse Judge Brooks of being part of a coordinated strategy among federal judges to keep students from learning about historical documents.

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.

In the court proceedings, Attorney General Tim Griffin’s office pointed out,

As the Supreme Court has repeatedly recognized, the Ten Commandments have enormous historical significance “in America’s heritage.” . . . It is therefore beyond serious dispute—and settled by the Supreme Court—that the Ten Commandments have historical significance and are “one of the foundations of our legal system.”

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.

During her testimony in support of Act 573 last April, 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.