In a letter sent to public school superintendents across Louisiana, four organizations — the Freedom From Religion Foundation, the ACLU of Louisiana, ACLU and Americans United for Separation of Church and State — have warned school districts not to implement HB 71, an unconstitutional state law that purports to require public schools to display the Ten Commandments in every classroom.
The letter notifies officials of a recent federal district court decision in Rev. Roake v. Brumley, which ruled that HB 71 violates the First Amendment and prohibited the defendants in the case from taking steps to implement or enforce the statute. The letter further explains:
“Even though your district is not a party to the ongoing lawsuit, and therefore is not technically subject to the district court’s injunction, all school districts have an independent obligation to respect students’ and families’ constitutional rights. Because the U.S. Constitution supersedes state law, public-school officials may not comply with HB 71.”
A multifaith group of nine families with children in Louisiana’s public schools have filed suit in Roake v. Brumley asserting — among other claims — that HB 71 directly contravenes the Supreme Court’s 1980 ruling in Stone v. Graham, which struck down a similar Kentucky statute. The four organizations that sent the letter also represent the plaintiffs in Roake and issued the following statement:
“We strongly urge all Louisiana school districts to refrain from implementing HB 71 at this time. A federal court has already ruled that the statute “is facially unconstitutional and unconstitutional in all applications.” Public-school officials are legally required to protect and uphold the constitutional rights of students and families, including their right to religious freedom under the Establishment and Free Exercise Clauses of the First Amendment. Implementing HB 71 would violate this obligation and could result in litigation being filed against school districts that do so.”
Although the Roake ruling has been appealed to the 5th U.S. Circuit Court of Appeals, it remains in full force and effect while the appeal proceeds, after the appellate court rejected a request by the defendants to temporarily suspend the lower court’s injunction.
Read the letter sent to public school superintendents here.
The Freedom From Religion Foundation is a national nonprofit organization with over 40,000 members and several chapters across the country. Our purposes are to protect the constitutional principle of separation between state and church and to educate the public on matters relating to nontheism.
