By Vanguard Staff
NEW ORLEANS — A federal appeals court ruled Friday that a Louisiana law requiring the Ten Commandments to be permanently displayed in every public school classroom is unconstitutional, handing a major victory to civil liberties organizations and a diverse coalition of parents who brought the case on behalf of their children.
In a unanimous 3-0 decision, the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction issued in November 2024 by a federal district court that blocked implementation of House Bill 71. The panel found that the law, which mandated the posting of a Protestant version of the Ten Commandments in every public elementary, secondary, and postsecondary classroom in the state, violates the Establishment Clause of the First Amendment to the U.S. Constitution.
The law, signed in June 2024, required each classroom display to consist of a framed or poster-size version of the Ten Commandments measuring at least 11 by 14 inches, with the text printed in large, easily readable font. It also mandated the inclusion of a state-approved “context statement” emphasizing the historical significance of the Ten Commandments in American education. The law allowed but did not require the posters to be accompanied by other historical documents such as the Declaration of Independence and the Mayflower Compact.
In siding with the plaintiffs, the court wrote that the statute is “plainly unconstitutional” under the binding precedent set by the U.S. Supreme Court in Stone v. Graham (1980), which struck down a similar Kentucky law. “Stone remains good law and therefore controls,” the court ruled, rejecting arguments by Louisiana officials that the statute was distinguishable or justified under newer Establishment Clause jurisprudence.
“Under Stone, H.B. 71 is plainly unconstitutional,” the court wrote. “If the posted copies of the Ten Commandments are to have any effect at all, it will be to induce the schoolchildren to read, meditate upon, perhaps to venerate and obey, the Commandments. That is not a permissible state objective under the Establishment Clause.”
The plaintiffs in the case, Roake v. Brumley, include a multifaith group of Louisiana families with children enrolled in public schools. Their religious backgrounds include Unitarian Universalism, Judaism, Presbyterian Christianity, atheism, and agnosticism. The families are represented by the American Civil Liberties Union (ACLU), ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom From Religion Foundation. The law firm Simpson Thacher & Bartlett LLP served as pro bono counsel.
The court found that the plaintiffs had legal standing to bring the case and rejected Louisiana’s argument that the families needed to wait until the displays were installed to challenge them. The court held that the statute created an imminent constitutional injury, especially given Louisiana’s compulsory education laws that require children to attend school for 177 days each year.
“If H.B. 71 goes into effect, impressionable students will confront a display of the Ten Commandments for nearly every hour of every school day,” the court wrote. “H.B. 71 does not provide a means for students to avoid the displays or avoid unwanted exposure to a government-sponsored religious display.”
The court further concluded that both students and parents are directly affected. “Because of students’ regular exposure with the H.B. 71 displays, parents are directly affected by the challenged statute,” the judges stated. The ruling noted that the displays would disproportionately affect students from minority faiths or nonreligious families, forcing them into daily exposure to a specific religious message endorsed by the state.
Rev. Darcy Roake, a Unitarian Universalist minister and one of the lead plaintiffs in the case, said she welcomed the decision. “We are grateful for this decision, which honors the religious diversity and religious-freedom rights of public school families across Louisiana,” she said. “As an interfaith family, we believe that our children should receive their religious education at home and within our faith communities—not from government officials.”
Civil liberties advocates praised the ruling as a decisive affirmation of the constitutional separation between church and state.
“This is a resounding victory for the separation of church and state and public education,” said Heather Weaver, Senior Staff Attorney with the ACLU’s Program on Freedom of Religion and Belief. “With today’s ruling, the Fifth Circuit has held Louisiana accountable to a core constitutional promise: Public schools are not Sunday schools, and they must welcome all students, regardless of faith.”
Patrick Elliott, Legal Director of the Freedom From Religion Foundation, emphasized the importance of protecting students’ rights. “We are pleased that the First Amendment rights of students and families are protected by this vital court decision,” he said.
Rachel Laser, president and CEO of Americans United for Separation of Church and State, said the ruling “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.”
The appeals court also rejected arguments from Louisiana officials that state education authorities were immune from suit under the doctrine of sovereign immunity. The court found that the Louisiana Board of Elementary and Secondary Education and State Superintendent Cade Brumley had direct authority to implement the law and therefore could be enjoined under the Ex parte Young doctrine, which allows lawsuits for prospective relief against state officials violating federal law.
Alanah Odoms, Executive Director of the ACLU of Louisiana, emphasized the broader implications of the decision. “Religious freedom—the right to choose one’s faith without pressure—is essential to American democracy,” she said. “Today’s ruling ensures that the schools our plaintiffs’ children attend will stay focused on learning, without promoting a state-preferred version of Christianity.”
Jon Youngwood, Global Co-Chair of Simpson Thacher’s Litigation Department, called the ruling “a well-reasoned and detailed opinion, which rests upon the wisdom of the First Amendment and the protections it affords regarding the separation of church and state.”
With this decision, the Fifth Circuit reaffirmed that state legislatures cannot use public education to promote religious doctrine, regardless of how it is framed. The ruling represents one of the most significant Establishment Clause decisions in recent years and signals that efforts to mandate religious displays in public schools remain constitutionally out of bounds.
