LEILA FADEL, HOST:
Louisiana passed a law earlier this year that requires public schools to display the Ten Commandments in every classroom.
A MARTÍNEZ, HOST:
The ACLU and several other groups have sued the state to stop the law from taking effect in January because they argue it violates a Supreme Court precedent and the First Amendment. Parties met for the first time yesterday in a federal court in Baton Rouge.
FADEL: Aubri Juhasz with member station WWNO has been following this case and joins me now. Good morning.
AUBRI JUHASZ, BYLINE: Good morning.
FADEL: So who are the plaintiffs in this case? And what are their attorneys arguing?
JUHASZ: The plaintiffs consist of nine Louisiana families. Some are religious. Others aren't. And their lawyers argue that the children of these families and other children in the state will be harmed if the Ten Commandments are posted in classrooms. The attorneys have asked that the law be blocked while the case makes its way through the courts.
FADEL: And the state, what are they saying?
JUHASZ: Yeah, the state obviously has larger constitutional arguments. But yesterday, the focus was on whether this case can even move forward. Attorneys for the state argue plaintiffs don't have a case until the posters go up in January. They say there's no grounds for allegations of harm until then, so they've asked the judge to throw out this suit for that reason.
FADEL: OK, so let's take a step back. Let's talk about what this state law that's being contested actually says. What does it say about the Ten Commandments and how they're meant to be displayed in public schools?
JUHASZ: It's pretty specific. It says the Ten Commandments need to be displayed in large, easily readable font. The law also says posters displaying the commandments have to include a context statement, the exact wording of which was included in the law passed by Louisiana's Republican-controlled legislature. It's several paragraphs but, in short, says the Ten Commandments, quote, "were a prominent part of American public education for almost three centuries," though I should say some historians argue that isn't true.
FADEL: This is such a closely watched case - a lot of concern around whether it violates this notion of separation of church and state. Why has it captured the nation's attention in this way?
JUHASZ: It's because people are concerned that the Supreme Court could overturn that precedent if a case relating to this law makes its way to them and that in overturning that precedent, they could take down the wall between church and state in part. Critics argue the law clearly violates the First Amendment, which protects freedom of religion. Here's Andrew Perry, an attorney for the plaintiffs with the ACLU of Louisiana.
ANDREW PERRY: The premise of the Constitution is that religion is something that is private, and it succeeds best when the government just stays out of that conversation.
JUHASZ: The U.S. Supreme Court struck down a similar law to Louisiana's in 1980. In that ruling, the court said requiring schools in Kentucky to post the Ten Commandments, quote, "had no secular legislative purpose," was plainly religious and therefore unconstitutional. Now, Louisiana's attorney general argues the state's law is different and constitutional. She says it passes a history and tradition test and that it's about teaching morals. Opponents aren't buying that, though. They say this case is about getting something that's already been decided back to the Supreme Court, which now has a conservative supermajority.
FADEL: When is the federal court here expected to make a decision?
JUHASZ: The judge says he'll make a decision by November 15, and that'll include, you know, whether he's going to stop the law from taking effect in January. Attorneys say their case isn't the only legal challenge to this law. So even if this case doesn't move forward, it's possible another one will and could eventually make its way to the U.S. Supreme Court.
FADEL: Aubri Juhasz is with member station WWNO in New Orleans. Thank you for your reporting, Aubri.
JUHASZ: You're welcome. Transcript provided by NPR, Copyright NPR.
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