State Law Banning Sex Offenders from Religious Worship Violates RFRA and the U.S. Constitution
INDIANAPOLIS – A state law that went into effect on July 1 that results in banning some sex offenders from attending religious worship violates both the state’s newly enacted Religious Freedom Restoration Act and the Fourteenth Amendment to the U.S. Constitution, claim two men who filed suit against county officials yesterday.
The lawsuit, brought by the Ƶ of Indiana on behalf of John Doe 1 of Allen County and John Doe 2 of Elkhart County, challenges Indiana Code § 35-42-4-14, which prevents “serious sex offenders” from attending religious worship when the place of worship is “school property,” even though school is not in session during the time services occur. The men wish to attend church services without fear of being arrested, because church attendance and group prayer are essential to their ability to worship in a meaningful way.
“An absolute ban on attending religious worship substantially burdens plaintiffs’ exercise of religion under the recently enacted RFRA, and violates the due process clause of the Fourteenth Amendment,” said Ƶ of Indiana Legal Director Ken Falk. “The law, which is broadly drawn, is not the least restrictive means of furthering the government’s interest here.”
The case, John Doe 1, John Doe 2, et al., v. The Allen and Elkhart County Prosecutors, and the Sheriffs of Allen and Elkhart County, et al., was filed in the Elkhart Superior Court on July 1, 2015. A case number has yet to be assigned; please contact ksharp@aclu-in.org for a copy of the lawsuit.
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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 Ƶ, Ƶ 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 Ƶ’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 Ƶ 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.Court Case: Rev. Roake v. Brumley -
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Religious Liberty
Arkansas Families Sue to Block Law Mandating Ten Commandments in Public School Classrooms and Libraries
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 Ƶ of Arkansas, the Ƶ, 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. 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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. 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Religious Liberty
Jefferson County Residents Sue to Remove Massive Ten Commandments Monument From Courthouse Lawn
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