Clergy, Public-School Parents Sue to Block Louisiana Law Requiring Public Schools to Display the Ten Commandments
BATON ROUGE, La. — 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 American Civil Liberties Union, the American Civil Liberties Union 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. Constitution’s 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 “substantially interferes with and burdens” parents’ First Amendment right to direct their children’s 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 Amendment’s 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:
“Permanently posting the Ten Commandments in every Louisiana public-school classroom–rendering them unavoidable– unconstitutionally pressures students into religious observance, veneration, and adoption of the state’s favored religious scripture. It also sends the harmful and religiously divisive message that students who do not subscribe to the Ten Commandments—or, more precisely, to the specific version of the Ten Commandments that H.B. 71 requires schools to display—do not belong in their own school community and should refrain from expressing any faith practices or beliefs that are not aligned with the state’s religious preferences.”
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 children–a 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 today’s filing, plaintiffs in the case issued the following statements:
Reverend Darcy Roake & Adrian Van Young
“As 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 don’t believe in the state’s official version of scripture. We believe that no child should feel excluded in public school because of their family’s faith tradition.”
Reverend Jeff Sims
“By 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 it’s critical for my children to receive and understand scripture within the context of our faith, which honors God’s 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 don’t 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 God’s authority for themselves and trample our fundamental religious-freedom rights.”
Jennifer Harding and Benjamin Owens
“As a nonreligious family, we oppose the government forcibly subjecting our child to a religious scripture that we don’t believe in. The State of Louisiana should not direct a religious upbringing of our child or require students to observe the state’s preferred religious doctrine in every classroom.”
Erin Hawley and David Hawley
“We 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 children—who are at the beginning of their spiritual journeys.”
Joshua Herlands
“As 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 family’s practice of Judaism, and this effort to evangelize students, including my children, is antithetical to our core religious beliefs and our values as Americans.”
In connection with today’s filing, the civil-rights organizations representing the plaintiffs issued the following statements:
“This law is a disturbing abuse of power by state officials,” said Heather L. Weaver, senior staff attorney for the ACLU’s Program on Freedom of Religion and Belief. “Louisiana law requires children to attend school so they can be educated, not evangelized. In bringing today’s lawsuit, we intend to make sure that Louisiana public schools remain welcoming to all students, regardless of their faith.”
“By filing this lawsuit, Louisianans clap back and let the Governor know he can’t use religion as a cover for repression,” said Alanah Odoms, executive director of the ACLU of Louisiana. “Public 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 nation’s founding principles; the ten commandments are not.”
“This lawsuit is necessary to protect the religious freedom of Louisiana public schoolchildren and their families,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “Not 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 it’s too late. Public education, religious freedom and democracy are all on the line.”
“A state may not force religion upon a captive audience of young and impressionable students with varying religions — or none at all,” said FFRF Legal Director Patrick Elliott. “We look forward to protecting the constitutional rights of all families in Louisiana.”
Jon Youngwood, Global Co-Chair of the Litigation Department at Simpson Thacher & Bartlett LLP, added, “As the Complaint states, Louisiana’s law inhibits our clients’ 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.”
A copy of the complaint can be found here:
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BATON ROUGE, LA – In a victory for religious freedom, a federal district court issued a preliminary injunction today in Rev. Roake v. Brumley, prohibiting implementation of a Louisiana law that requires all public schools to permanently display a government-approved, Protestant version of the Ten Commandments in every classroom. In the ruling, Judge John W. DeGravelles determined that Louisiana’s H.B. 71, enacted last June, violates the First Amendment and longstanding Supreme Court precedent. More than 40 years ago, in Stone v. Graham, the Supreme Court overturned a similar state statute, holding that the First Amendment bars public schools from posting such displays. The defendants conceded during oral argument that Stone remains good law and is binding on lower courts. In his 177-page opinion, the judge explained: [T]hese displays must be posted in every “classroom in each school,” all year round, regardless of subject matter, and regardless of the age of the student. Thus, the question is not whether the Biblical laws can ever be put on a poster; the issue is whether, as a matter of law, there is any constitutional way to display the Ten Commandments in accordance with the minimum requirements of the Act. In short, the Court finds that there is not. First, Stone remains good law and is directly on point, and this Court is bound to follow it. Second, even putting Stone aside . . . , Plaintiffs have adequately alleged that H.B. 71 fails to comply with the Establishment Clause analysis laid out in Kennedy and Fifth Circuit precedent. Judge DeGravelles also recognized that H.B. 71 would lead to unconstitutional religious coercion of the children-plaintiffs in the case by imposing religious doctrine on them for nearly every hour of the school day, throughout their entire public-school education. And, pointing to the testimony of plaintiffs’ expert, Dr. Steven K. Green, the court found that there is no historical support for permanently displaying the Ten Commandments in public-school classrooms and that doing so would be at odds with our nation’s Founders’ understanding of the separation of church and state. The court’s opinion concludes: Each of the Plaintiffs’ minor children will be forced “in every practical sense,” through Louisiana’s required attendance policy, to be a “captive audience” and to participate in a religious exercise: reading and considering a specific version of the Ten Commandments, one posted in every single classroom, for the entire school year, regardless of the age of the student or subject matter of the course. And, despite the differences among the Plaintiffs’ religious beliefs (be they Unitarian Universalist, Reform Jewish, Presbyterian, or atheist/agnostic), the common threads are (1) that the required posting of the Decalogue conflicts with specific parts of their faith, and (2) that one of those articles of faith, shared by nearly all Plaintiff parents, is raising their children in accordance with their own beliefs and values. Considering the totality of the circumstances, the Court finds that the Act and its requirements are coercive and inconsistent with the history of First Amendment and public education. The court further ruled that H.B. 71 also violates the plaintiffs’ rights under the Free Exercise Clause. After finding that the law violates the plaintiffs’ constitutional rights, the court prohibited the defendants from “(1) enforcing H.B. 71; (2) adopting rules or regulations for the enforcement of H.B. 71; and (3) requiring that the Ten Commandments be posted in every public-school classroom in Louisiana in accordance with H.B. 71.” The Court additionally directed the state defendants to provide notice of its order and H.B. 71’s unconstitutionality to all Louisiana public elementary, secondary, and charter schools, and all public post-secondary education institutions. Because the court denied the defendants’ request to pause (or “stay”) the preliminary injunction while they seek relief from the U.S. Court of Appeals for the Fifth Circuit, it immediately takes effect. “H.B. 71 is a direct infringement of our religious-freedom rights, and we’re pleased and relieved that the court ruled in our favor,” said Rev. Darcy Roake, who is a plaintiff in the case along with her husband, Adrian Van Young. “As an interfaith family, we expect our children to receive their secular education in public school and their religious education at home and within our faith communities, not from government officials.” “This ruling should serve as a reality check for Louisiana lawmakers who want to use public schools to convert children to their preferred brand of Christianity,” said Heather L. Weaver, Senior Staff Attorney for the ACLU’s Program on Freedom of Religion and Belief. “Public schools are not Sunday schools, and today’s decision ensures that our clients’ classrooms will remain spaces where all students, regardless of their faith, feel welcomed.” “We are pleased that the First Amendment rights of students and families are protected by this vital court decision,” said Patrick Elliott, Legal Director of the Freedom From Religion Foundation. “This ruling will ensure that Louisiana families – not politicians or public school officials – get to decide if, when and how their children engage with religion,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “It should send a strong message to Christian Nationalists across the country that they cannot impose their beliefs on our nation’s public school children. Not on our watch.” “Religious freedom—the right to choose one’s faith without pressure—is essential to American democracy,” said Alanah Odoms, Executive Director of the ACLU of Louisiana. “Today’s ruling ensures that the schools our plaintiff’s children attend will stay focused on learning, without promoting a state-preferred version of Christianity.” Jon Youngwood, Co-Chair of Simpson Thacher’s Litigation Department, added, “We are heartened by the District Court’s well-reasoned and detailed opinion, which rests upon the wisdom of the First Amendment to the Constitution and the protections it affords regarding the separation of church and state and the free exercise of religion.” Represented by the ACLU, 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 plaintiffs in Roake v. 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