A statement from the Little Rock School District has been added to this story.
News outlets first claimed that the statute itself had been banned when a federal judge ruled on Monday that four school districts in Northwest Arkansas should not show the Ten Commandments in classrooms as mandated by a new state law. Given that U.S. District Judge Timothy Brooks declared the Arkansas law to be blatantly unconstitutional, the confusion was understandable.
Actually, the measure was not statewide blocked by Brooks. He only stopped its implementation in the four districts—Fayetteville, Springdale, Bentonville, and Siloam Springs—that were included in the case.
As the 2025–2026 school year begins next week, the remaining districts have a decision to make: Adhere to a federal court ruling that doesn’t specifically apply to them or Act 573, a state law that appears to breach the separation of church and state.
School districts should follow the Brooks order, according to the American Civil Liberties Union of Arkansas, which contested the statute in the four districts in Northwest Arkansas on behalf of a group of families. The ACLU and other civil rights organizations warned that if they didn’t, they might also be sued.
In a letter issued to public school superintendents throughout the state on Tuesday, the groups stated that all school districts have an independent duty to uphold the constitutional rights of students and families, regardless of whether their district is a party to the current case. Act 573 may not be followed by public school officials since state law is superseded by the U.S. Constitution.
According to the letter, putting the Arkansas law into effect would go against this duty and could lead to lawsuits being brought against school districts that do so. Additionally, the Freedom From Religion Foundation, Americans United for Separation of Church and State, and the national ACLU signed it.
A sturdy poster or framed copy of a historical depiction of the Ten Commandments—more especially, the version found in the King James Bible—must be prominently displayed in classrooms and libraries in Arkansas public schools, under Act 573. Similar representations must be found in state offices, local government facilities, and schools and universities that receive state funding. A comparable bill that was approved in Louisiana in 2024 and has since been stopped by the courts serves as the model for Act 573.
Though it’s unclear what the roughly 230 other school districts in the state will do, the Arkansas law went into force on Tuesday.The Pine Bluff School District is proceeding with the installation of Ten Commandments exhibits provided by a local ministerial group, according to a Tuesday article in the Pine Bluff Commercial.
Questions on Wednesday were not immediately answered by the Pulaski County Special School District or the North Little Rock School District. However, educators from several Central Arkansas schools who had already returned to work in anticipation of the students’ return the following week informed the Arkansas Times that they had not received a request to display the Ten Commandments in their classrooms.
The following comment was supplied by the Little Rock School District: The district is aware of the new state statute pertaining to the Ten Commandments’ exhibition in public school classrooms. We are closely examining the legal requirements and awaiting additional direction from the Arkansas Department of Education, as is the case with any legislation. No final judgments have been made as of yet, and we are still dedicated to upholding the law while honoring the variety of viewpoints within our school community.
Why didn’t the court ban the statute statewide if Brooks thought it was obviously unconstitutional? For starters, the plaintiffs only sued the four public districts in Springdale, Fayetteville, Bentonville, and Siloam Springs—no state officials or the state itself. Although he and his administration are not defendants, Arkansas Attorney General Tim Griffin entered the case to defend the legislation.
Since there is no explicit enforcement role for the state in the new Ten Commandments law, it is unlikely that the state of Arkansas may be sued over it. The mandate’s enforcement seems to be left to school districts by the statute. As a result, plaintiffs had only one obvious choice: to sue the districts in charge of carrying out the statute.
In an interview on Tuesday, legal researcher John DiPippas stated that Act 573 was most likely designed in this manner on purpose. According to DiPippa, dean emeritus and distinguished professor of law and public policy at UA Little Rock’s Bowen School of Law, “it [the statute] was clearly written to avoid a state defendant.”
“You have a [state] defendant if the state were to take action to penalize school districts that violated the Ten Commandments law, like reducing their funding,” DiPippa stated. However, unless that occurs, each school district will be the only party that can be sued, which means that litigation will cost more money and time.
Furthermore, the state is unlikely to agree to postpone the law statewide based on this one verdict, as would have happened in the past, DiPippa noted, given the current political polarization.
Brooks might also have been considering the recent decision by the U.S. Supreme Court that restricted lower courts’ ability to issue national injunctions. The state may have contested that order as being unduly broad if the judge had attempted to prohibit the statute statewide rather than in the four districts listed as defendants.)
An Arkansas Times reporter was sent to Griffin’s office by a representative of the state’s education department on Tuesday. The reporter was directed to a one-sentence statement that the attorney general had already released: “I am reviewing the court’s order and assessing our legal options.”
However, Governor Sarah Sanders announced her intention to appeal on social media on Tuesday. She wrote, “In Arkansas, we understand fundamental truths like murder is wrong.” The Ten Commandments ought to be exhibited in public areas since they form the cornerstone of Western morality and law. This decision will be appealed and won by my administration.
In Arkansas, we acknowledge fundamental facts, such as the immorality of murder.The Ten Commandments ought to be exhibited in public areas since they form the cornerstone of Western morality and law. This decision will be appealed and won by my administration.This link: https://t.co/bez8ld50T4
In his decision, Brooks made it apparent that the Arkansas legislation was unconstitutional, even though the injunction’s reach was limited.
The Ten Commandments statute that the Arkansas General Assembly approved earlier this year is nearly identical to one that was overturned by the Supreme Court 45 years ago. The judge wrote in his conclusion that Arkansas Act 573 is obviously illegal and that precedent is still binding on this Court. Why would Arkansas enact a law that is blatantly unconstitutional? Brooks went on. Most likely as a result of the State’s involvement in a multi-state coordinated effort to introduce Christian religious dogma 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.
It’s dragon-slaying time!
The Arkansas Times, which relentlessly defends the fundamental rights and liberties in our community, stands as a light of truth in an era when critical voices are being silenced more and more. Our commitment to provide uncompromising journalism has never been more important, especially with Arkansas in the center of a broad culture war that is impacting our libraries, schools, and public conversation. We can’t accomplish our goals of defeating dragons and holding those in positions of authority responsible alone. You can guarantee that independent journalism in Arkansas not only endures but flourishes by making a contribution today. We can join the fight and make a difference together.
