Arkansas Appeals Ten Commandments Ruling
State asks appeals court to preserve Capitol monument, citing Supreme Court precedent and America's legal tradition
Arkansas officials are asking a federal appeals court to overturn a ruling that declared the Ten Commandments monument on the State Capitol grounds unconstitutional, arguing the lower court ignored recent U.S. Supreme Court precedent protecting public displays rooted in the nation's history and tradition.
Arkansas Attorney General Tim Griffin, joined by First Liberty Institute, filed an appeal with the U.S. Court of Appeals for the Eighth Circuit after the U.S. District Court for the Eastern District of Arkansas ordered the monument removed. The order remains stayed while the appeal proceeds, allowing the monument to remain on Capitol grounds for now.
The lawsuit was brought by The Satanic Temple, the Freedom From Religion Foundation, the American Humanist Association and the Arkansas Society of Freethinkers, which argued the monument violates the Establishment Clause of the First Amendment. The district court agreed, prompting the State's appeal.
“This question has been settled by the Supreme Court–displays that are part of the history and tradition of America, like the Ten Commandments, are presumed to be Constitutional,” said Roger Byron, Senior Counsel at First Liberty Institute. “The District Court’s opinion tosses aside the U.S. Supreme Court’s decision in Kennedy as a mere suggestion. We are grateful to Attorney General Griffin and his Office for their vigorous defense of the Ten Commandments monument and the Constitution.”
The State's appellate brief argues that permanent Ten Commandments monuments have long been part of the nation's legal and civic tradition. It contends the Arkansas monument is consistent with prior Supreme Court decisions upholding similar displays and does not amount to a government establishment of religion.
According to the filing, “Permanent Ten Commandments monuments are part of a longstanding national tradition of acknowledging the Commandments’ historical influence on American law. The Supreme Court and this Court have held materially similar monuments are constitutional, and the Display Act drew from those precedents. Yet the district court improperly distinguished those cases . . . . Properly applied, that test asks whether the Display Act and monument resemble the coercive hallmarks of a religious establishment. They don’t, so there’s no Establishment Clause problem.”
The monument's history stretches back nearly a decade. The Arkansas Legislature authorized its placement in 2015. After the privately donated monument was installed in 2017, it was destroyed less than 24 hours later when a man deliberately drove his pickup truck into it. A replacement monument was erected in 2018 and has remained on the Capitol grounds since.
The appeal comes as courts around the country continue to weigh the constitutionality of religious displays in public settings following the U.S. Supreme Court's shift toward a "history and tradition" analysis in Establishment Clause cases. Supporters argue that the Ten Commandments played an important role in the development of Western legal systems, while opponents contend government-sponsored displays improperly endorse religion.
The Arkansas case recalls one of Alabama's most prominent church-state disputes. In 2001, then-Alabama Chief Justice Roy Moore installed a 5,280-pound granite monument engraved with the Ten Commandments in the rotunda of the Alabama Judicial Building, arguing it recognized God as the moral foundation of American law. After U.S. District Judge Myron Thompson ruled that the display violated the Establishment Clause, Moore refused to remove it. His defiance led to his suspension by the Alabama Judicial Inquiry Commission on Aug. 22, 2003, and the remaining eight justices of the Alabama Supreme Court voted unanimously to have the monument removed days later. Moore's case became a national flashpoint in the debate over religious displays on public property and helped shape the legal and political battles that continue today. Supporters of the current Arkansas appeal argue that subsequent Supreme Court decisions, particularly those embracing a "history and tradition" analysis in place of the former Lemon test, would likely produce a different result if Moore's case were litigated under today's constitutional framework.
The case also carries more recent significance for Alabama. During the 2026 legislative session, lawmakers passed Senate Bill 99, signed by Gov. Kay Ivey, requiring public schools to display the Ten Commandments along with historical context, provided the displays are funded through private donations or other non-state sources. The measure followed a Fifth Circuit decision upholding a similar Texas classroom display law, although any future challenge to Alabama's law would be heard in the Eleventh Circuit rather than the Fifth.
