FFRF court victory! Ten Commandments monument in Arkansas ruled unconstitutional
The Freedom From Religion Foundation and its co-plaintiffs have secured a major First Amendment victory after a federal court’s ruling that a Ten Commandments monument at the Arkansas Capitol is unconstitutional and must be removed.
In a sweeping decision issued March 31, U.S. District Judge Kristine G. Baker struck down the state law mandating the monument and ordered that it be taken down, concluding that both the law and the display violate the Establishment Clause of the First Amendment. The ruling marks the culmination of nearly eight years of litigation brought by FFRF, the American Humanist Association, the Arkansas Society of Freethinkers and a diverse group of Arkansas plaintiffs alongside a parallel challenge by the ACLU of Arkansas. Separately, the Satanic Temple and its members had brought First Amendment and Equal Protection claims.
“Based on the undisputed record evidence,” the court held, “the Display Act and the Ten Commandments Monument violate the Establishment Clause.” The court further found that the state’s actions failed to avoid “excessive government entanglement with religion” and that the monument was “discriminatory and coercive.”
Arkansas lawmakers passed the Display Act in 2015, spearheaded by then-state Sen. Jason Rapert, to install a privately funded Ten Commandments monument on Capitol grounds. The monument was first installed in 2017, destroyed a day later, and replaced in 2018. Lawsuits followed immediately, challenging the display as an unconstitutional government endorsement of religion.
The court agreed, emphasizing both the inherently religious nature of the Ten Commandments and the state’s clear preference for Christianity. Evidence showed that Arkansas officials rejected requests from non-Christian groups seeking equal access to place their own monuments, reinforcing the court’s conclusion that the state engaged in unconstitutional religious favoritism. The decision distinguishes Arkansas’ display from monuments upheld in other contexts, noting that this stand-alone religious monument does not reflect a broader historical tradition but instead advances a specific religious message.
“The state of Arkansas has no business telling citizens which gods to worship — or whether to worship at all. The First Commandment is a direct violation of the First Amendment,” says FFRF Co-President Annie Laurie Gaylor. “We are delighted the court recognizes that placing a biblical monument at the seat of government violates one of our most fundamental constitutional protections.”
FFRF Senior Counsel Sam Grover adds, “This ruling reaffirms that the government must remain neutral when it comes to religion. That neutrality is essential to protecting the rights of all citizens, regardless of their beliefs.”
The plaintiffs in the case reflect a broad cross-section of Arkansans. Anne Orsi — longtime member of FFRF — is an agnostic atheist. Eugene Levy is a rabbi. Gale Stewart is an ordained elder in the Presbyterian Church, U.S.A.. Teresa Gryder is a Wiccan. All of them have the necessity and occasion to visit the Capitol grounds regularly, and come into contact with the biblical monolith.
The order to remove the monument is stayed pending appeal.
