Clergy, Public-School Parents Sue to Block Louisiana Law Requiring Public Schools to Display the Ten Commandments
BATON ROUGE, La. ā A multi-faith group of nine Louisiana families with children in public schools in federal court today to block , a new state law requiring all public elementary, secondary, and postsecondary schools to display the Ten Commandments in every classroom. The plaintiffs in Roake v. Brumley, including Jewish parents and parents who are pastors and reverends, are represented by the Ķųŗģ±¬ĮĻ, the Ķųŗģ±¬ĮĻ of Louisiana, Americans United for Separation of Church and State, and the Freedom from Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel.
In their filed today in the U.S. District Court for the Middle District of Louisiana, the plaintiffs, who are Jewish, Christian, Unitarian Universalist, and non-religious, assert that the newly enacted statute violates longstanding U.S. Supreme Court precedent and the U.S. Constitutionās First Amendment. More than 40 years ago, in Stone v. Graham, the Supreme Court overturned a similar state law, holding that the separation of church and state bars public schools from posting the Ten Commandments in classrooms. No other state requires the Ten Commandments to be displayed in public schools.
The complaint further alleges that H.B. 71 āsubstantially interferes with and burdensā parentsā First Amendment right to direct their childrenās religious education and upbringing, and that, in approving and mandating the display of a specific version of the Ten Commandments, the law runs afoul of the First Amendmentās prohibition against the government taking sides on questions of theological debate. Moreover, the complaint highlights the religiously coercive nature of the displays mandated by H.B. 71:
āPermanently posting the Ten Commandments in every Louisiana public-school classroomārendering them unavoidableā unconstitutionally pressures students into religious observance, veneration, and adoption of the stateās favored religious scripture. It also sends the harmful and religiously divisive message that students who do not subscribe to the Ten Commandmentsāor, more precisely, to the specific version of the Ten Commandments that H.B. 71 requires schools to displayādo not belong in their own school community and should refrain from expressing any faith practices or beliefs that are not aligned with the stateās religious preferences.ā
Plaintiffs include: Unitarian Universalist minister, Rev. Darcy Roake, her husband Adrian Van Young, and their two children; Rev. Jeff Sims, a Presbyterian (U.S.A.) minister, and his three children; nonreligious parents Jennifer Harding and Benjamin Owens and their child; Erin and David Hawley and their two childrenāa Unitarian Universalist family; Dustin McCrory, an atheist, and his three children; Christy Alkire, who is nonreligious, and her child; and Joshua Herlands, who is Jewish and has two elementary-age children.
In connection with todayās filing, plaintiffs in the case issued the following statements:
Reverend Darcy Roake & Adrian Van Young
āAs an interfaith family, we strongly value religious inclusion and diversity, and we teach our children that all people are equal and have inherent dignity and worth. The Ten Commandments displays required by this law fly in the face of these values and send a message of religious intolerance. They will not only undermine our ability to instill these values in our children, but they will also help create an unwelcoming and oppressive school environment for children, like ours, who donāt believe in the stateās official version of scripture. We believe that no child should feel excluded in public school because of their familyās faith tradition.ā
Reverend Jeff Sims
āBy favoring one version of the Ten Commandments and mandating that it be posted in public schools, the government is intruding on deeply personal matters of religion. I believe that itās critical for my children to receive and understand scripture within the context of our faith, which honors Godās gift of diversity and teaches that all people are equal. This law sends a contrary message of religious intolerance that one denomination or faith system is officially preferable to others, and that those who donāt adhere to it are lesser in worth and status. As a pastor and father, I cannot, in good conscience, sit by silently while our political representatives usurp Godās authority for themselves and trample our fundamental religious-freedom rights.ā
Jennifer Harding and Benjamin Owens
āAs a nonreligious family, we oppose the government forcibly subjecting our child to a religious scripture that we donāt believe in. The State of Louisiana should not direct a religious upbringing of our child or require students to observe the stateās preferred religious doctrine in every classroom.ā
Erin Hawley and David Hawley
āWe instill moral and ethical values in our children through positive concepts, such as love and caring for others, not biblical commandments. As Unitarian Universalists, we strongly believe that every person has the right to undertake a free and responsible search for truth and meaning. That cannot happen when the government forces scripture on people, especially childrenāwho are at the beginning of their spiritual journeys.ā
Joshua Herlands
āAs a parent, an American, and a Jew, I am appalled that state lawmakers are forcing public schools to post a specific version of the Ten Commandments in every classroom. These displays distort the Jewish significance of the Ten Commandments and send the troubling message to students that one set of religious laws is favored over all others. Tolerance is at the heart of our familyās practice of Judaism, and this effort to evangelize students, including my children, is antithetical to our core religious beliefs and our values as Americans.ā
In connection with todayās filing, the civil-rights organizations representing the plaintiffs issued the following statements:
āThis law is a disturbing abuse of power by state officials,ā said Heather L. Weaver, senior staff attorney for the Ķųŗģ±¬ĮĻās Program on Freedom of Religion and Belief. āLouisiana law requires children to attend school so they can be educated, not evangelized. In bringing todayās lawsuit, we intend to make sure that Louisiana public schools remain welcoming to all students, regardless of their faith.ā
āBy filing this lawsuit, Louisianans clap back and let the Governor know he canāt use religion as a cover for repression,ā said Alanah Odoms, executive director of the Ķųŗģ±¬ĮĻ of Louisiana. āPublic schools are not Sunday schools. We must protect the individual right of students and families to choose their own faith or no faith at all. The separation of church and state is a bedrock of our nationās founding principles; the ten commandments are not.ā
āThis lawsuit is necessary to protect the religious freedom of Louisiana public schoolchildren and their families,ā said Rachel Laser, president and CEO of Americans United for Separation of Church and State. āNot just in Louisiana, but all across the country, Christian Nationalists are seeking to infiltrate our public schools and force everyone to live by their beliefs. Not under our watch. Secular, inclusive public schools that welcome all students regardless of their belief system form the backbone of our diverse and religiously pluralistic communities. This nation must recommit to our foundational principle of church-state separation before itās too late. Public education, religious freedom and democracy are all on the line.ā
āA state may not force religion upon a captive audience of young and impressionable students with varying religions ā or none at all,ā said FFRF Legal Director Patrick Elliott. āWe look forward to protecting the constitutional rights of all families in Louisiana.ā
Jon Youngwood, Global Co-Chair of the Litigation Department at Simpson Thacher & Bartlett LLP, added, āAs the Complaint states, Louisianaās law inhibits our clientsā First Amendment rights to choose whether and how they engage with religious doctrines. We look forward to expeditiously presenting this case to the district court for a speedy resolution.ā
A copy of the complaint can be found here: