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Simpson Thacher, ACLU and Others Obtain Preliminary Injunction in Case Concerning Placement of Ten Commandments in Louisiana Schools

11.12.24

Simpson Thacher, alongside the ACLU, ACLU of Louisiana, Americans United for Separation of Church and State and the Freedom From Religion Foundation, secured a victory when a federal district court determined that a Louisiana law requiring the display of the Ten Commandments in schools violates the First Amendment of the United States Constitution. Enacted last June, Louisiana’s H.B. 71 requires that all public schools permanently display a government-approved, denominational version of the Ten Commandments in every classroom in every public school in the state.

In his November 12, 2024 decision in Rev. Roake v. Brumley, Judge John W. DeGravelles issued a preliminary injunction prohibiting implementation of the law and noted that “…Plaintiffs will endure considerable hardship if the Court delays a decision—specifically, a violation of their First Amendment rights.” Judge DeGravelles also recognized that H.B. 71 would lead to unconstitutional religious coercion of the children-plaintiffs in the case by imposing religious doctrine on them for nearly every hour of the school day, throughout their entire public-school education. The court further ruled that H.B. 71 also violates the plaintiffs’ rights under the Free Exercise Clause. The injunction is effective immediately.

The lawsuit was filed on June 24, 2024 on behalf of a multi-faith group of Louisiana families with children in public schools and alleged that the display was religiously coercive. Oral arguments took place on October 21, 2024.

The Simpson Thacher team included Jonathan Youngwood, Janet Gochman, Nicholas Prendergast, Jordan Krieger, Noah Gimbel and Lara Fishbane.

The case has been covered by publications including ABC News, AP, Axios, BBC, Bloomberg Law, CBS News, CNN, Forbes, MSNBC, NBC News, Newsweek, Reuters, The New York Times, The Wall Street Journal, The Washington Post, USA Today and many more.