ACLU Statement on Reintroduction of Do No Harm Act

NEW ORLEANS – In a unanimous decision, the U.S. Court of Appeals for the Fifth Circuit ruled today that a Louisiana law requiring public schools to permanently display a government-approved, Protestant version of the Ten Commandments in every classroom is unconstitutional. The decision upholds a federal district court’s November 2024 preliminary injunction in Rev. Roake v. Brumley, which prevents the defendant state officials and school boards from implementing the statute. Pointing to the Supreme Court’s ruling in Stone v. Graham, which overturned a similar Kentucky law, the court of appeals held that Louisiana’s H.B. 71 violates the Establishment Clause of the First Amendment to the U.S. Constitution. As the court explained, Stone remains good law that is binding on lower courts and “[u]nder Stone, H.B. 71 is plainly unconstitutional.” The court further explained that, “under the statute’s minimum requirements, the [Ten Commandments] posters must be indiscriminately displayed in every public school classroom in Louisiana regardless of class subject-matter,” and thus, if allowed to go up, “those displays will cause an ‘irreparable’ deprivation of [the Plaintiffs’] First Amendment rights.” Represented by the ACLU, ACLU of Louisiana, Americans United for Separation of Church and State, 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. “We are grateful for this decision, which honors the religious diversity and religious-freedom rights of public school families across Louisiana,” said the Rev. Darcy Roake, who is a plaintiff in the case along with her husband, Adrian Van Young. “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.” “This is a resounding victory for the separation of church and state and public education,” said Heather L. Weaver, Senior Staff Attorney for 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.” “We are pleased that the First Amendment rights of students and families are protected by this vital court decision,” said Patrick Elliott, Legal Director of the Freedom From Religion Foundation. “This ruling will ensure that Louisiana families—not politicians or public-school officials—get to decide if, when and how their children engage with religion,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “It 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.” “Religious freedom—the right to choose one’s faith without pressure—is essential to American democracy,” said Alanah Odoms, Executive Director of the ACLU of Louisiana. “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, added, “We are heartened by the Fifth Circuit’s 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." Today’s opinion is available online here.

FAYETTEVILLE, A.R. — A multifaith group of seven Arkansas families with children in public schools filed suit in federal court today to block a new state law requiring all public elementary and secondary schools to “prominently” display the Ten Commandments in every classroom and library. The plaintiffs in Stinson v. Fayetteville School District No. 1 are represented by the American Civil Liberties Union of Arkansas, the American Civil Liberties Union, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher Bartlett LLP serving as pro bono counsel. Arkansas Act 573 of 2025 (“Act 573”) requires the scriptural displays to be a minimum of 16 x 20 inches in size and hung in a “conspicuous place” in each classroom and library. The text of the Ten Commandments must be printed “in a size and typeface that is legible to a person with average vision from anywhere in the room.” The law also mandates that a specific version of the Ten Commandments, associated with Protestant faiths and selected by lawmakers, be used for every display. In their complaint filed today in the U.S. District Court for the Western District of Arkansas, the plaintiffs, who are Jewish, Unitarian Universalist, or nonreligious, assert that Act 573 violates longstanding U.S. Supreme Court precedent and the U.S. Constitution’s First Amendment. More than 40 years ago, in Stone v. Graham, the Supreme Court ruled that the separation of church and state bars public schools from posting the Ten Commandments in classrooms. Following this precedent, a federal district court held last year in Roake v. Brumley that a Louisiana law similar to Act 573 violates parents’ and students’ First Amendment rights. That case, in which the plaintiffs are represented by the same counsel as the plaintiffs here, is currently on appeal. “As American Jews, my husband and I deeply value the ability to raise our children in our faith, without interference from the government,” said Plaintiff Samantha Stinson. “By imposing a Christian-centric translation of the Ten Commandments on our children for nearly every hour of every day of their public-school education, this law will infringe on our rights as parents and create an unwelcoming and religiously coercive school environment for our children.” Plaintiff Carol Vella agreed: “My children are among a small number of Jewish students at their school. The classroom displays required by Act 573 will make them feel like they don’t belong simply because they don’t follow the government’s favored religion. The displays will also violate core Jewish tenets, which emphasize tolerance and inclusion and prohibit evangelizing others.” According to the complaint, which includes claims under both the Establishment and Free Exercise Clauses of the First Amendment, Act 573’s classroom and library displays will interfere with parents’ First Amendment right to direct their children’s religious upbringing and create a religiously coercive school environment: “Permanently posting the Ten Commandments in every classroom and library—rendering them unavoidable—unconstitutionally pressures students into religious observance, veneration, and adoption of the state’s favored religious scripture. It also sends the harmful and religiously divisive message that students who do not subscribe to the Ten Commandments—or, more precisely, to the specific version of the Ten Commandments that Act 573 requires schools to display—do not belong in their own school community and pressures them to refrain from expressing any faith practices or beliefs that are not aligned with the state’s religious preferences.” In addition to the complaint, the plaintiffs plan to file a motion for a preliminary injunction, which will ask the court to issue an order temporarily preventing implementation of the law, which takes effect on August 5, 2025, while the lawsuit is pending. Heather L. Weaver, senior counsel for the ACLU added: “Public schools are not Sunday schools. Apparently, Arkansas lawmakers need a lesson in the First Amendment.” “The right to decide which religious beliefs, if any, to follow belongs to families and faith communities, not the government,” said John Williams, legal director for the ACLU of Arkansas. “We will not allow Arkansas politicians to misuse our public schools to impose scripture on children.” FFRF Co-President Annie Laurie Gaylor says, “This is a clear imposition of religious doctrine on Arkansas public school children. We will fight to uphold this nation’s foundational constitutional principles.” “Our Constitution’s guarantee of church-state separation means that families – not politicians – get to decide if, when and how public-school children engage with religion,” said Rachel Laser, president and CEO of Americans United for Separation of Church and State. “This law is part of the nationwide Christian Nationalist scheme to win favor for one set of religious views over all others and nonreligion – in a country that promises religious freedom. Not on our watch. We’re proud to defend the religious freedom of Arkansas schoolchildren and their families.” A copy of the complaint can be found here.

MOUNT VERNON, I.L. —A group of multifaith and non-religious Jefferson County taxpayers and residents filed suit in state court yesterday, seeking to remove a nearly seven-foot-tall Ten Commandments monument from the lawn of the Jefferson County Courthouse. Represented by the ACLU of Illinois, the Freedom From Religion Foundation, and the ACLU, the plaintiffs assert that the monument violates the Illinois Constitution’s protections for the separation of church and state. Originally placed in the courthouse lobby last year by Jefferson County Sheriff Jeff Bullard, the monument was later moved to the lawn immediately outside the Courthouse entrance. While Bullard claimed that the original display was funded by private donations, the lawsuit alleges that he used public dollars to relocate the monument to its current outdoor location, where it is unavoidable for anyone who enters or passes by the courthouse. The monument enumerates a Protestant version of the Ten Commandments. “With today’s lawsuit, Jefferson County taxpayers are standing up for the fundamental constitutional principle that the government must remain neutral when it comes to matters of faith,” notes Freedom From Religion Foundation Co-President Annie Laurie Gaylor. “Erecting a Ten Commandments monument on public property, whether in the courthouse lobby or just outside the entryway, blatantly violates Illinois law.” “This Ten Commandments monument represents an intrusion of civil authority into matters of faith,” explains lead plaintiff Pastor Lynn Neal. “As a minister, I object to my government co-opting my religious beliefs for improper political purposes, usurping my role as a religious leader by promoting an officially preferred version of the Ten Commandments and presenting it outside of its biblical context.” “This monument is particularly problematic for me as a Catholic, because it includes a prohibition on using religious iconography, even though depictions of the crucifixion are commonplace in my faith,” said plaintiff Roberta Shallenberger. “Historically, the Protestant version of the Ten Commandments has been used by some to condemn Catholic religious practice, and showcasing this version on official government property appears to perpetuate and endorse that anti-Catholic bias.” “Everyone should be made to feel welcome in Jefferson County, including the nonreligious,” said plaintiff Roberta Evans. “The Ten Commandments monument in front of the courthouse accomplishes the opposite, and turns the Commandments into a political statement that cheapens their value.” Plaintiff Calvin McClintock added: “Jefferson County government officials used the people’s money, time, resources, and land to promote a particular religious message, at the exclusion of others. Government officials have no business endorsing any religion.” Filed in Illinois’ 2nd Judicial Circuit as a Petition for Writ of Mandamus, the lawsuit comes after the Jefferson County Board of Commissioners voted to retain the monument on county property, ignoring warnings from the Freedom From Religion Foundation and the county’s own attorney that the display raised serious legal concerns. Heather L. Weaver, senior counsel for the American Civil Liberties Union, said: “The separation of church and state guarantees that we all have the right to decide, for ourselves, which religious beliefs, if any, people should follow. By sending the message that Jefferson County favors some faiths over others, the Ten Commandments monument intrudes on deeply personal matters. We’ll see Jefferson County in court.” “In Illinois, we do not permit local politicians to use the power and authority of their office to promote their religious views,” added Kevin Fee, legal director for the ACLU of Illinois. “Our organization has always worked to ensure that everyone’s religious freedom is respected. This monument – which must be removed immediately – attempts to undermine that freedom for many residents. We are pleased to represent these clients in seeking fairness in Jefferson County.” A copy of the petition filed today is available here.

AUSTIN, Texas— The American Civil Liberties Union of Texas, American Civil Liberties Union (ACLU), Americans United for Separation of Church and State and Freedom From Religion Foundation announced today that they will sue over Texas Senate Bill No. 10, which requires public schools to display the Ten Commandments in every classroom. After receiving final legislative approval Wednesday, the bill has been sent to Gov. Greg Abbott where it is expected to be signed into law. Under S.B. 10, every public elementary and secondary school in Texas must display a poster or framed copy of the Ten Commandments “in a conspicuous place in each classroom.” The bill mandates that the display be no smaller than 16 inches wide and 20 inches tall and that the Commandments be set forth “in a size and typeface that is legible to a person with average vision from anywhere in the classroom.” The bill also requires that a specific version of the Ten Commandments, selected by lawmakers and associated with Protestant faiths, be used for every display. S.B. 10 is prohibited by longstanding Supreme Court precedent. Nearly 50 years ago, in Stone v. Graham, the Supreme Court ruled that the First Amendment forbids public schools from posting the Ten Commandments in classrooms. Following this precedent, a federal district court recently held in Roake v. Brumley that a Louisiana law similar to S.B. 10 violates parents’ and students’ rights under the Free Exercise and Establishment Clauses of the First Amendment. The court ruled that the displays will religiously coerce students, who are legally required to attend school and are thus a captive audience for school-sponsored religious messages, and will usurp families’ right to direct children’s religious education. That case, in which the plaintiffs are represented by the ACLU, Americans United for Separation of Church and State, Freedom from Religion Foundation, and the ACLU of Louisiana, is currently on appeal in the Fifth Circuit. In response to the passage of S.B. 10, the groups intending to challenge the law issued the following joint statement: “S.B. 10 is blatantly unconstitutional. We will be working with Texas public school families to prepare a lawsuit to stop this violation of students’ and parents’ First Amendment rights. “We all have the right to decide what religious beliefs, if any, to hold and practice. Government officials have no business intruding on these deeply personal religious matters. S.B. 10 will subject students to state-sponsored displays of the Ten Commandments for nearly every hour of their public education. It is religiously coercive and interferes with families’ right to direct children’s religious education. “Texas communities and public schools are religiously diverse. Many public school families do not practice any religion at all, while many others practice religions that do not consider the Ten Commandments to be part of their faith traditions. Even among those who may believe in some version of the Ten Commandments, the particular text they adhere to can differ by religious denomination. The version of scripture set forth in S.B. 10, however, is associated only with Protestant faiths, and does not reflect the beliefs of most Jewish and Catholic families. “S.B. 10 will co-opt the faith of millions of Texans and marginalize students and families who do not subscribe to the state’s favored scripture. We will not allow Texas lawmakers to divide communities along religious lines and attempt to turn public schools into Sunday schools. If Governor Abbott signs this measure into law, we will file suit to defend the fundamental religious freedom rights of all Texas students and parents. We encourage all concerned public school parents to contact us."