Civil rights organizations warn Louisiana public school districts not to implement Ten Commandments law

NEW ORLEANS – In a letter sent today to public school superintendents across Louisiana, four civil rights organizations–the ACLU of Louisiana, ACLU, Americans United for Separation of Church and State, and the Freedom From Religion Foundation–warned school districts not to implement H.B. 71, an unconstitutional state law that purports to require public schools to display the Ten Commandments in every classroom. 

The letter notifies officials of a recent federal district court decision in Rev. Roake v. Brumley, which ruled that H.B. 71 violates the First Amendment and prohibited the defendants in the case from taking steps to implement or enforce the statute. The letter further explains:

Even though your district is not a party to the ongoing lawsuit, and therefore is not technically subject to the district court’s injunction, all school districts have an independent obligation to respect students’ and families’ constitutional rights. Because the U.S. Constitution supersedes state law, public-school officials may not comply with H.B. 71.

Earlier this year, a multifaith group of nine families with children in Louisiana’s public schools filed suit in Roake v. Brumley, asserting–among other claims–that H.B. 71 directly contravenes the Supreme Court’s 1980 ruling in Stone v. Graham, which struck down a similar Kentucky statute.  The four organizations that sent today’s letter also represent the plaintiffs in Roake and issued the following statement:

We strongly urge all Louisiana school districts to refrain from implementing H.B. 71 at this time. A federal court has already ruled that the statute “is facially unconstitutional and unconstitutional in all applications.” Public-school officials are legally required to protect and uphold the constitutional rights of students and families, including their right to religious freedom under the Establishment and Free Exercise Clauses of the First Amendment. Implementing H.B. 71 would violate this obligation and could result in litigation being filed against school districts that do so.

Although the Roake ruling has been appealed to the U.S. Court of Appeals for the Fifth Circuit, it remains in full force and effect while the appeal proceeds, after the appellate court rejected a request by the defendants to temporarily suspend the lower court’s injunction. Appellate oral argument in the case is currently set for January 23, 2024 in New Orleans.