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Ongoing Lawsuits

FFRF and coalition sue over law requiring the Ten Commandments in classrooms

On June 24, 2024 FFRF, the ACLU, the ACLU of Louisiana, and Americans United for Separation of Church and State filed a coalition lawsuit challenging a newly enacted law in Louisiana that would require all public schools to display the Ten Commandments.

This law mandates that every classroom display the Ten Commandments on “a poster or framed document that is at least 11 inches by 14 inches.” The commandments must be the “central focus” of the display and “printed in a large, easily readable font.” It also requires that a specific version of the Ten Commandments, which has been dictated by the state Legislature, be used for every display. Displays that depart from this state-sanctioned version of scripture would violate Louisiana law.

The complaint asserts that the statute violates long-standing U.S. Supreme Court precedent and the First Amendment. The Supreme Court previously overturned a similar state law in Stone v. Graham, holding that the separation of church and state bars public schools from posting the Ten Commandments in classrooms. No other state requires the Ten Commandments to be displayed in public schools. 

The complaint further alleges that Louisiana’s law “substantially interferes with and burdens” parents’ First Amendment right to direct their children’s religious education and upbringing, and that, in approving and mandating the display of a specific version of the Ten Commandments, the law runs afoul of the First Amendment’s prohibition against the government taking sides on questions of theological debate.

Plaintiffs are represented by the Freedom from Religion Foundation, the ACLU, the ACLU of Louisiana, and Americans United, with Simpson Thacher Bartlett LLP serving as pro bono counsel. FFRF Senior Counsel Samuel Grover and FFRF Legal Director Patrick Elliott are serving as co-counsel on the case. The lawsuit is in the Middle District of Louisiana District Court with case number 3:24-cv-00517-JWD-SDJ.

FFRF Monitors New Jersey Church Grant Lawsuit

Morris county lawsuit victory image

FFRF and New Jersey taxpayer David Steketee filed a motion to intervene in the lawsuit Mendham Methodist Church v. Morris County, NJ on August 10, 2023. The Foundation previously litigated and won a lawsuit in 2018 when the New Jersey Supreme Court unanimously ruled that public money could not be used to repair a church.

On February 7, 2024, the district court ruled that FFRF and Steketee could not intervene directly in this new round of litigation because the court granted the New Jersey Office of the Attorney General’s separate motion to intervene and therefore FFRF and Steketee’s interests were now adequately represented by the AG’s office. FFRF is now weighing its options for preserving its involvement in the case, given that the churches’ ultimate goal is to undo its prior litigation victory.

At issue again is the funding of churches through Historic Preservation grants. The plaintiffs in this new case argue that previous U.S. Supreme Court decisions invalidated the decision that barred churches from participating in these funding programs and that the state’s Religious Aid Clause violates the U.S. Constitution’s Free Exercise Clause.

On July 19th, 2024, FFRF filed an amicus brief in support of the New Jersey Attorney General, who are an intervening party in this case.

FFRF and Steketee are represented by local counsel Paul S. Grosswald. FFRF Senior Counsel Sam Grover is also continuing to work on the case on behalf of FFRF. This case is in the New Jersey District Court with the case number 2:23-cv-02347.

FFRF Assists Oklahoma Religious Public Charter School Lawsuit

Oklahoma Statewide Virtual Charter School Board

The Freedom From Religion Foundation and a coalition of groups and plaintiffs filed a lawsuit on July 31st, 2023 challenging the nation’s first religious public charter school, St. Isidore of Seville Catholic Virtual School. The coalition represents nine Oklahoma residents and a nonprofit organization that is committed to protecting Oklahoma’s public school system. 

The lawsuit asserts that the Oklahoma Statewide Virtual Charter School Board violated the Oklahoma Constitution, the Oklahoma Charter Schools Act and the board’s own regulations when it approved St. Isidore’s application for charter-school sponsorship. It is asking the court to block (1) St. Isidore from operating as a charter school, (2) the charter school board from entering into or implementing any contracts with St. Isidore, and (3) the state from funding St. Isidore.

Plaintiffs are represented by Americans United for Separation of Church and State, the American Civil Liberties Union (ACLU) and the Education Law Center, with Odom & Sparks PLLC and J. Douglas Mann serving as local counsel in Oklahoma. This case is in the District Court of Oklahoma County.

FFRF and coalition sue to remove Arkansas Ten Commandments monument

Arkansas 10 CommandmentsThe Freedom From Religion Foundation and a coalition of plaintiffs filed a lawsuit on May 23, 2018, against Arkansas Secretary of State Mark Martin seeking the removal of a massive Ten Commandments structure from the grounds of the Arkansas Capitol.

FFRF and its co-plaintiffs assert that this installation is in clear violation of constitutional precepts. The plaintiffs include FFRF, the American Humanist Association, the Arkansas Society of Freethinkers, as well as seven individual plaintiffs who are religious and nonreligious citizens of Arkansas.

“The state of Arkansas has erected an enormous religious monolith on government property in blatant disregard for the First Amendment to the United States Constitution,” the suit states. “The new monolith — a 6-and-one-third-foot tall Ten Commandments statue — stands prominently on the state Capitol grounds.”

The suit details how the Arkansas Legislature initiated this unconstitutional move.
“In 2016, the Arkansas General Assembly enacted Act 1231, the Ten Commandments Monument Display Act,” it states. “The purpose of the act was to permit the placing of a monument to the Ten Commandments on the grounds of the Arkansas state Capitol. The exact text of such a monument was prescribed by the General Assembly.”

The plaintiffs seek a declaration that the monument is unconstitutional, an injunction directing the defendant to remove the monument, and costs and attorneys’ fees. The lawsuit was consolidated with a case brought by the ACLU of Arkansas. The conjoined cases (No. 4:18-cv-00342) are before Judge Kristine G. Baker of the U.S. District Court for the Eastern District of Arkansas. Attorney Gerry Schulze is representing the plaintiffs along with FFRF Legal Director Patrick Elliott.

Freedom From Religion Foundation