Education Law | First Amendment | Religious Liberty
A three-judge panel of the U.S. Fifth Circuit Court of Appeals has struck down Louisiana’s House Bill 71, which mandated the display of the Ten Commandments in public school and university classrooms. The ruling, issued on June 20, 2025, declared the law “plainly unconstitutional” under the Establishment Clause of the First Amendment .
Background: H.B. 71 and Its Justification
Signed into law in June 2024 by Governor Jeff Landry, H.B. 71 required all K–12 and state-funded higher education classrooms to display a framed copy of the Ten Commandments at least 11″ × 14″ in size. The state claimed the posters could be funded through donations and were intended to promote respect for law, citing the Commands’ historical role in American legal tradition (washingtonpost.com). Lawmakers openly referenced Moses as the original lawgiver (washingtonpost.com).
Legal Challenge: Roake v. Brumley
Nine families—representing interfaith and non-religious backgrounds—filed suit in June 2024, with plaintiffs including Rev. Darcy Roake, her husband Adrian Van Young, and other parents, under the case name Roake v. Brumley (en.wikipedia.org). They argued the law violated both the Establishment and Free Exercise Clauses.
The Appeals Decision
On appeal, Judges Irma Carrillo Ramirez, James Dennis, and another judge affirmed the lower court’s injunction. Drawing on Stone v. Graham (1980), the court held:
- The law’s primary purpose is religious, not secular, lacking a legitimate non-religious objective.
- Government permanence in displaying scripture makes students a “captive audience” for religious messaging (reuters.com, npr.org, washingtonpost.com).
Judge Ramirez wrote that the Ten Commandments would effectively invite students to “venerate and obey” biblical law—an impermissible state action (reuters.com).
A concurrence by Judge Dennis reinforced that standards of religious coercion remain strong, and dismissed state arguments about historical roots in public education (en.wikipedia.org).
Implications for Public Education and State Policy
- Constitutional Clarity: The Fifth Circuit reaffirmed a foundational principle—that state entities may not mandate religious texts in public classrooms.
- Guide for Other States: In light of similar proposals in Texas and Arkansas, this ruling serves as a strong precedent against incorporating religious references into official school decor (apnews.com).
- Civic Education vs. Religious Messaging: Courts continue to draw a firm boundary between teaching historical context and endorsing religious scripture.
Consultation for Legal Professionals
Legal counsel for school boards, administrators, and state legislators should note:
- Any mandate to post religious content—even if donated or labeled “historical”—is likely unconstitutional.
- Public confidence in secular schooling will depend on avoiding state endorsement of religious doctrine.
- Where historical context is desired, neutral displays—such as the Declaration of Independence, the Magna Carta, or secular artifacts—pose less legal risk.
Conclusion: Final Word
Roake v. Brumley underscores the enduring principle of separation between church and state in American public education. By deeming H.B. 71 unconstitutional, the Fifth Circuit reaffirmed that no student should face compulsory religious messaging during school hours—an essential guardrail for religious freedom and public schooling.
As other states explore similar measures, this ruling will serve as a linchpin for constitutional analysis and policy planning.
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