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Judge Partially Blocks Enforcement of Arkansas Ten Commandments Law

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Judge Partially Blocks Enforcement of Arkansas Ten Commandments Law

A federal district judge has partially blocked enforcement of an Arkansas law requiring the Ten Commandments be displayed in classrooms across the state.

Arkansas Act 573, signed into law by Governor Sarah Huckabee Sanders earlier this year, requires a donated or privately-purchased copy of the Ten Commandments to be displayed in each โ€œelementary and secondary school library and classroom.โ€

Texas and Louisiana recently passed similar laws mandating the Ten Commandments be displayed in public school classrooms.

However, shortly after the law was enacted, the American Civil Liberties Union (ACLU) and a group of atheist organizations sued four Arkansas school districts in federal court to prevent enforcement of the law.

Judge Timothy Brooks, a judge on the U.S. District Court for the Western District of Arkansas and a nominee of former President Barack Obama, issued the preliminary injunction blocking the law from taking effect in four of the stateโ€™s 237 school districts.

โ€œForty-five years ago, the Supreme Court struck down a Ten Commandments law nearly identical to the one the Arkansas General Assembly passed earlier this year,โ€ Judge Brooks wrote. โ€œThat precedent remains binding on this Court and renders Arkansas Act 573 plainly unconstitutional.โ€

But Judge Brooks didnโ€™t stop there. Shockingly, he chose to speculate on the legislatorsโ€™ motives for enacting the 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.”

Judge Brooks is wrong on two counts: The Ten Commandments are not exclusively โ€œChristian religious doctrine.โ€ They are also a very important part of Jewish religion, and they have played an important role in the development of Western Civilization.

The Ten Commandments being displayed in classrooms cannot reasonably be interpreted as a part of a conspiracy to โ€œinject Christian religious doctrineโ€ into schools because the Ten Commandments are not necessarily โ€œChristianโ€ at all.

Arkansas Family Council, a Focus on the Family-allied state family policy council, blasted the judgeโ€™s unnecessary speculation.

โ€œIn 2017, Arkansas passed the National Motto Display Act allowing the national motto โ€” โ€˜In God We Trustโ€™ โ€” to be displayed in Arkansasโ€™ classrooms along with the U.S. flag and the Arkansas flag,โ€ the organization recounted. โ€œAct 573 amended the National Motto Display Act to add the Ten Commandments to the list of historical items displayed in school.โ€

Therefore, the organization argued, “Nothing in Act 573 suggests Arkansasโ€™ 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.”

In court proceedings, Arkansas Attorney General Tim Griffin, who intervened in the case to defend the law,ย argued, “As the Supreme Court has repeatedly recognized, the Ten Commandments have enormous historical significance ‘in Americaโ€™s heritage.’ . . . It is therefore beyond serious dispute โ€” and settled by the Supreme Court โ€” that the Ten Commandments have historical significance and are ‘one of the foundations of our legal system.'”

Attorney General Griffin said after the ruling, โ€œI am reviewing the courtโ€™s order and assessing our legal options.โ€

The ruling could be appealed to the U.S. Court of Appeals for the Eighth Circuit, one of the most conservative appeals courts in the country.


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