US judge declares: Thou shalt not require classrooms to display the Ten Commandments

The preliminary injunction follows legal proceedings taken by a multi-faith group of nine Louisiana families with children in public schools, represented by the ACLU, ACLU of Louisiana, Americans United for Separation of Church and State, and the Freedom From Religion Foundation.

International law firm Simpson Thacher & Bartlett LLP is acting for the families as pro bono counsel.

Judge John W. DeGravelles yesterday determined that Louisiana’s HB 71, enacted last June, violates the First Amendment of the US Constitution and long-standing Supreme Court precedent.

In the 1980 case of Stone v. Graham, the Supreme Court overturned a similar state statute, holding that the First Amendment bars public schools from posting such displays.

The judge also found that HB 71 would lead to unconstitutional religious coercion of the children-plaintiffs in the case by imposing religious doctrine on them for nearly every hour of the school day, throughout their entire public-school education.

The law cannot now be enforced pending the final resolution of the litigation.

Heather L. Weaver, senior staff attorney for the ACLU’s programme on freedom of religion and belief, said: “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.

“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.”

Jon Youngwood, co-chair of Simpson Thacher’s litigation department, said: “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.”