Federal Appeals Court Rules Against Louisiana Law Requiring Public Schools to Display Ten Commandments in Every Classroom
NEW ORLEANS ā In a unanimous decision, the U.S. Court of Appeals for the Fifth Circuit ruled today that a Louisiana law requiring public schools to permanently display a government-approved, Protestant version of the Ten Commandments in every classroom is unconstitutional. The decision upholds a federal district courtās November 2024 preliminary injunction in Rev. Roake v. Brumley, which prevents the defendant state officials and school boards from implementing the statute.
Pointing to the Supreme Courtās ruling in Stone v. Graham, which overturned a similar Kentucky law, the court of appeals held that Louisianaās H.B. 71 violates the Establishment Clause of the First Amendment to the U.S. Constitution. As the court explained, Stone remains good law that is binding on lower courts and ā[u]nder Stone, H.B. 71 is plainly unconstitutional.ā
The court further explained that, āunder the statuteās minimum requirements, the [Ten Commandments] posters must be indiscriminately displayed in every public school classroom in Louisiana regardless of class subject-matter,ā and thus, if allowed to go up, āthose displays will cause an āirreparableā deprivation of [the Plaintiffsā] First Amendment rights.ā
Represented by the Ķųŗģ±¬ĮĻ, 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, the plaintiffs in Roake v. Brumley are a multifaith group of nine Louisiana families with children in public schools.
āWe are grateful for this decision, which honors the religious diversity and religious-freedom rights of public school families across Louisiana,ā said the Rev. Darcy Roake, who is a plaintiff in the case along with her husband, Adrian Van Young. āAs an interfaith family, we believe that our children should receive their religious education at home and within our faith communities, not from government officials.ā
āThis is a resounding victory for the separation of church and state and public education,ā said Heather L. Weaver, Senior Staff Attorney for the Ķųŗģ±¬ĮĻās Program on Freedom of Religion and Belief. āWith todayās ruling, the Fifth Circuit has held Louisiana accountable to a core constitutional promise: Public schools are not Sunday schools, and they must welcome all students, regardless of faith.ā
āWe are pleased that the First Amendment rights of students and families are protected by this vital court decision,ā said Patrick Elliott, Legal Director of the Freedom From Religion Foundation.
āThis ruling will ensure that Louisiana familiesānot politicians or public-school officialsāget to decide if, when and how their children engage with religion,ā said Rachel Laser, president and CEO of Americans United for Separation of Church and State. āIt should send a strong message to Christian Nationalists across the country that they cannot impose their beliefs on our nationās public-school children. Not on our watch.ā
āReligious freedomāthe right to choose oneās faith without pressureāis essential to American democracy,ā said Alanah Odoms, Executive Director of the Ķųŗģ±¬ĮĻ of Louisiana. āTodayās ruling ensures that the schools our plaintiffsā children attend will stay focused on learning, without promoting a state-preferred version of Christianity.ā
Jon Youngwood, Global Co-Chair of Simpson Thacherās Litigation Department, added, āWe are heartened by the Fifth Circuitās well-reasoned and detailed opinion, which rests upon the wisdom of the First Amendment and the protections it affords regarding the separation of church and state."
Todayās opinion is available online here.