A three-judge panel at the Fifth Circuit Court of Appeals heard oral arguments this morning over the state’s Ten Commandments law. The law requiring the Ten Commandments to be displayed in all public school classrooms statewide is currently on hold in five parishes – East Baton Rouge, Livingston, Orleans, St. Tammany and Vernon. Solicitor General Ben Aguinaga argued for the state that what makes the law constitutional is that the Ten Commandments are placed amid other historical context on specially designed posters.
“If we had a wall-sized version copy of the Ten Commandments, that’s fundamentally different than a wall of museum-style small posters discussing the Ten Commandments and other important historical documents,” Aguinaga said.
Aguinaga says the posters were designed with Supreme Court precedent in mind.
“It recognized that the Supreme Court has long said that the Ten Commandments have historical significance as a foundation of our legal system. And the legislature made the judgement that it wished to teach its students to put on classroom walls that exact concept,” Aguinaga explained.
During Aguinaga’s 20-minute argument, Judge Catharina Haynes expressed skepticism that posting the Ten Commandments is truly about teaching American history.
“I understand that history is interesting, but there’s a ton of history in the world. And again, I’m respectful of the Ten Commandments, and I think everybody is, but that doesn’t mean that it has to be put in every classroom in a State under the First Amendment,” Haynes said.
Jonathan Youngwood followed with his own 20-minute argument on behalf of the plaintiffs. Reading directly from the posters, Youngwood argued that the law is all about promoting Christianity in public schools.
“We begin, ‘I AM THE LORD, THY GOD.’ LORD is in all caps; the statute requires it. ‘THOU SHALT HAVE NO OTHER GODS BEFORE ME,'” Youngwood said.
Youngwood said since the posters would be required to be in every public school classroom, kids would be subject to constant religious indoctrination.
“To require these students, all students in the State, to go into their classroom and to have scripture facing them every single day,” Youngwood said.
The three judges will issue their ruling at a later date; regardless of what it is, it will almost certainly be appealed to the U.S. Supreme Court.
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