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Rev. Roake v. Brumley

Location: Louisiana
Status: Ongoing
Last Update: June 24, 2024

What's at Stake

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 (“H.B. 71”), 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 Ƶof 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.

In June 2024, the Louisiana governor Jeff Landry signed into law H.B. 71, mandating that a poster or framed copy of the Ten Commandments be permanently hung in every public-school classroom in the state. The statute requires that an official, state-approved version of the Ten Commandments be used for the displays. In their Complaint, the plaintiffs, who are Jewish, Christian, Unitarian Universalist, and nonreligious, assert that the displays are prohibited by longstanding U.S. Supreme Court precedent. More than 40 years ago, in Stone v. Graham, the Supreme Court overturned a similar state statute, holding that the separation of church and state bars public schools from posting the Ten Commandments in classrooms. The plaintiffs also assert that public schools’ display of an official, state-approved version of the Ten Commandments, which is associated with Protestant beliefs, impermissibly favors some faiths over others and will create an unwelcoming and religiously coercive school environment for children who do not subscribe to the state’s preferred version of scripture. The plaintiffs seek a declaratory judgment that H.B. 71 is unconstitutional and preliminary and permanent injunctions to prevent Louisiana officials from enforcing the Act.

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