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The ACLU, ACLU of Maine, and Americans United for Separation of Church and State filed an amicus brief with the U.S. Court of Appeals for the First Circuit arguing that religious schools in Maine participating in Maine鈥檚 school tuition program must comply with all eligibility requirements of the program, including a prohibition on discrimination against students based on their religion, sexual orientation, and gender identity.

On June 24, 2024, a multi-faith group of nine Louisiana families with children in public schools filed a federal-court lawsuit in Louisiana, challenging House Bill No. 71 (鈥淗.B. 71鈥�), a new state law that requires every elementary, secondary, and postsecondary public school in the state to permanently display an official version of the Ten Commandments in every classroom. The families are represented by the ACLU, the ACLU 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 complaint alleges that H.B. 71 violates both the separation of church and state, as protected by the Establishment Clause of the First Amendment, and the Free Exercise Clause of the First Amendment.

Nine Oklahoma residents and a nonprofit organization dedicated to supporting public education in Oklahoma filed a lawsuit in July 2023 in state court to stop Oklahoma from sponsoring and funding the nation鈥檚 first religious public charter school, St. Isidore of Seville Catholic Virtual School. The plaintiffs are faith leaders, public school parents, and public education advocates who object to their tax dollars funding a public charter school that will discriminate against students and families based on their religion and LGBTQ+ status, fail to adequately serve students with disabilities, and indoctrinate students into one religion 鈥� all in violation of Oklahoma law and our country鈥檚 promises of the separation of church and state and public schools that are open to all.

The American Civil Liberties Union (ACLU), the ACLU of Pennsylvania, and Dechert LLP filed a lawsuit in federal court against the Saucon Valley School District (SVSD) in March 2023 for violating the First Amendment by prohibiting the After School Satan Club (ASSC) from meeting in district facilities. Although school officials initially approved the club鈥檚 application 鈥� explaining in an email to parents that the district 鈥渃annot discriminate among groups wishing to use the SVSD facilities鈥� 鈥� they quickly bowed to the ensuing public outcry. The case seeks to allow the ASSC to meet in district facilities.