The Louisiana law that requires public schools to display the Ten Commandments is unconstitutional on its face and "in all applications," a federal judge rules Tuesday.
The documents were to be required in every public classroom by January 1, but the judge stopped the state from enforcing the law, said the state can't require the documents be hung and ordered the state Department of Education to notify all affected schools that the law is unconstitutional.
U.S. District Judge John W. deGravelles issued the ruling, which you can read for yourself by scrolling down, on Tuesday.
The plaintiffs in the case were nine Louisiana families of different faiths who have children in public schools. They were 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.
Attorney General Liz Murrill said she plans to appeal.
“We strongly disagree with the court’s decision and will immediately appeal, as H.B. 71’s implementation deadline is approaching on January 1, 2025," Murrill said.
Her office also sent out an updated statement, claiming that the ruling only binds the five school systems where the plaintiffs' children attend school.
But the ruling states that the bill is unconstitutional, that the state is "prohibited 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."
We've asked both sides for clarification.
Murrill sent out another statement in which she notes that school boards are elected and "BESE is not the supervisor of school boards in Louisiana. BESE does not have legal supervision over school boards. Only five school boards are defendants and therefore the judge only has jurisdiction over those five."
The plaintiffs quoted the ruling, which we quoted above and states the law is unconstitutional and the state is forbidden from enforcing it, and that BESE is required to notify all school systems that it is unconstitutional.
Tuesday morning after the ruling, this is what the ACLU sent us from the plaintiffs and groups involved:
“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 the 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 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.”
“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.
“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.”
Here's the ruling:
