The state of Arkansas has responded to a lawsuit challenging a new law concerning the Ten Commandments.
Act 573 was signed into law earlier this year. It mandates that a poster of the Ten Commandments be hung in all public, state-run buildings and outlines specific size and location requirements. The law applies to public schools and colleges, requiring a copy be on display in every classroom.
In June, the ACLU sued four school districts in Northwest Arkansas, arguing the law violates the First Amendment. The group requested a preliminary injunction that, if granted, would block the law from going into effect while the case proceeds.
The ACLU represents plaintiffs from various religious and nonreligious backgrounds. They argue the law discriminates against non-Protestant Christian faiths.
Arkansas Attorney General Tim Griffin has intervened in the case on behalf of the school districts and is now representing the defense. The school districts are still defendants in name only.
His office filed a brief response Wednesday, arguing that court intervention is premature because the law has not yet been enforced. The Ten Commandments posters are not required to be displayed until August 5.
“Any alleged injury the plaintiffs might face is not certainly impending, and plaintiffs’ claims are not ripe,” the response states.
The filing also notes that the law requires the posters be funded through voluntary donations to school boards or local governing building entities.
“There is no deadline for compliance or penalty for noncompliance in the act, in seeming recognition of the fact that the districts may never be able to comply,” the response reads. “To date, the districts have not yet taken any steps to comply with the act because no compliant donations, monetary or otherwise, have been provided.”
A hearing in the case is expected in about two weeks.
