Fifth Circuit Hears Arguments in Challenges to Ten Commandments Displays in Texas and Louisiana Public School Classrooms

CONTACT:
Kristi Gross, ACLU Texas, [email protected]
Jesse Vad, ACLU of Louisiana, [email protected]
Ella Wiley, ACLU, [email protected]
Moisés Serrano, Americans United, [email protected]
Amit Pal, Freedom From Religion Foundation, [email protected]
Caroline Fatchett, Simpson Thacher & Bartlett LLP, [email protected]

NEW ORLEANS — The U.S. Court of Appeals for the Fifth Circuit, sitting en banc, heard oral arguments in two cases challenging state laws in Texas and Louisiana that require public schools to display the Ten Commandments in every classroom. The cases, Rabbi Nathan v. Alamo Heights Independent School District and Rev. Roake v. Brumley, raise fundamental questions about religious freedom and the separation of church and state guaranteed by the First Amendment.

These arguments come nearly a year after a unanimous three-judge panel of the Fifth Circuit ruled that Louisiana’s House Bill 71 is “plainly unconstitutional,” finding it directly contradicted long-standing Supreme Court precedent. That decision was vacated when the full court agreed to rehear the case en banc. Federal courts in Texas have likewise issued multiple preliminary injunctions blocking enforcement of Senate Bill 10, concluding that the law violates students’ First Amendment rights by forcing government-endorsed religious scripture on public-school children.

The plaintiffs in both states are multifaith and nonreligious families who simply want their constitutional right to decide their children’s religious education respected by the government. They want their children’s public schools to remain welcoming and inclusive for their families and students of all backgrounds.

“No one faith should be canonized as more holy than others. Yet Texas legislators are imposing the Ten Commandments on public-school children,” said Rabbi Mara Nathan (she/her) from Texas. “Though they are a sacred text to me and many others, the Ten Commandments has no place on the walls of public-school classrooms. Children's religious beliefs should be instilled by parents and faith communities, not politicians and public schools.”

“I send my children to public school to learn math, English, science, art, and so much more — but not to be evangelized by the state into its chosen religion,” said Rev. Jeff Sims (he/him) from Louisiana. “These religious displays send a message to my children and other students that people of some religious denominations are superior to others. This is religious favoritism and it’s not only dangerous, but runs counter to my Presbyterian values of inclusion and equality.”

The Texas plaintiffs in Rabbi Nathan v. Alamo Heights Independent School District are represented by the American Civil Liberties Union, ACLU of Texas, 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 Louisiana plaintiffs in Roake v. Brumley are represented by the American Civil Liberties Union, 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.

“We are proud to be in front of the 5th Circuit representing Texas families who are challenging forced Ten Commandments displays in public school classrooms,” said Sarah Corning (she/her), attorney at the ACLU of Texas. “S.B. 10 is a blatant violation of our First Amendment rights and sends students the message that they only belong if they follow the government’s chosen religion. Texas schools are not Sunday schools, and the Constitution protects Texans’ right to decide how or whether they practice their faith. Texas families want and deserve better from our public schools.”

“Public schools are meant to educate, not evangelize,” said Daniel Mach (he/him), director of the ACLU Program on Freedom of Religion and Belief. “When the government mandates the display of a specific religious text in every classroom, it crosses a constitutional line by pressuring students and families to conform to the state’s preferred religious doctrine. The First Amendment protects the freedom of every family to decide matters of faith for themselves, and today’s arguments underscore why we must uphold that principle in our public schools.”

“Public schools exist to educate, not indoctrinate,” said Alanah Odoms (she/her), executive director of the ACLU of Louisiana. “They must remain spaces where all children are safe, free, and respected — regardless of their family’s beliefs. Religion is a personal choice, made by families, not something imposed by politicians through our public schools.”

“We appreciate the Court’s time and its thoughtful engagement during today’s argument. This case centers on a fundamental constitutional principle: Families — not the government — must retain the right to decide whether and how their children engage with religion,” said Jon Youngwood, Co-Chair of Simpson Thacher’s global litigation department. “The laws at issue disrupt that longstanding protection, and we look to the court to safeguard these core First Amendment guarantees.”

“The imposition of a particular religious teaching infringes the rights of students with minority beliefs and no belief,” said Annie Laurie Gaylor (she/her), co-president at the Freedom From Religion Foundation. “The Louisiana and Texas state governments cannot be allowed to ride roughshod over those who do not adhere to the dominant religion.”

“Every federal court that’s ruled in these cases so far has said the same thing: Requiring public schools to display a state-mandated version of the Ten Commandments in every classroom is unconstitutional. We urge the Fifth Circuit to affirm those rulings,” said Rachel Laser (she/her), president and CEO of Americans United for Separation of Church and State. “Families – not politicians or public-school officials – get to decide how, if and when their children engage with religion.”