NEW ORLEANS – The Fifth U.S. Circuit Court of Appeals ruled today that it is premature to determine the constitutionality of House Bill 71, a Louisiana law requiring public schools to permanently display a government-approved, Protestant version of the Ten Commandments in every classroom. The decision vacates a federal district court’s November 2024 preliminary injunction in Rev. Roake v. Brumley, which prevented the defendant state officials and school boards from implementing the law.
In its ruling, the appeals court held that the Roake lawsuit was premature because the scriptural displays had not yet been posted in the children plaintiffs’ classrooms, so it “cannot yet know . . . how the text will be used.” The court acknowledged, however, that “nothing in today’s narrow holding prevents future as-applied challenges once the statute is implemented and a concrete factual record exists.”
Represented by Americans United for Separation of Church and State, the ACLU, ACLU of Louisiana, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel, the plaintiffs in Roake v. Brumley are a multifaith group of nine Louisiana families with children in public schools. The organizations representing the plaintiffs issued the following statement in response to the decision:
“Today’s ruling is extremely disappointing and would unnecessarily force Louisiana’s public school families into a game of constitutional whack-a-mole in every school district. Longstanding judicial precedent makes clear that our clients need not submit to the very harms they are seeking to prevent before taking legal action to protect their rights. But this fight isn’t over. We will continue fighting for the religious freedom of Louisiana’s families.”
The appeals court’s opinion today does not address the lawsuit Rabbi Nathan v. Alamo Heights Independent School District that challenges a similar law in Texas, Senate Bill 10. The court, sitting en banc, heard oral arguments in both cases on Jan. 20.
Plaintiffs’ legal counsel is exploring all legal pathways forward to continue the fight against this unconstitutional law.
Americans United is a religious freedom advocacy organization based in Washington, D.C. Founded in 1947, AU educates Americans about the importance of church-state separation in safeguarding religious freedom.
Liz Hayes
Associate Vice President of Communications
[email protected]
