Court permanently blocks Arkansas’ Ten Commandments law
A federal district court issued a permanent injunction on March 16 prohibiting the school district defendants from implementing an Arkansas law that requires all public schools to permanently display a government-chosen, Protestant version of the Ten Commandments. The Freedom From Religion Foundation was part of a coalition of secular groups that represented the plaintiffs in the case.
In his decision in Stinson v. Fayetteville School District No. 1, U.S. District Court Judge Timothy Brooks wrote, “Act 573 must be permanently enjoined. Failing to do so would violate the Establishment Clause rights of all Arkansas public-school children and their parents and also violate plaintiffs’ Free Exercise rights.”
Ruling that the law, which sought the display of the Ten Commandments in every public school classroom and library in the state, would lead to unconstitutional religious coercion of the child plaintiffs and interfere with their parents’ rights to direct their children’s religious education, Brooks explained: “Act 573’s purpose is only to display a sacred, religious text in a prominent place in every public-school classroom. And the only reason to display a sacred, religious text in every classroom is to proselytize to children. The state has said the quiet part out loud.”
Brooks added: “Nothing could possibly justify hanging the Ten Commandments — with or without historical context — in a calculus, chemistry, French or woodworking class, to name a few. And the words ‘curriculum,’ ‘school board,’ ‘teacher’ or ‘educate’ don’t appear anywhere in Act 573. Accordingly, there is no need to strain our minds to imagine a constitutional display mandated by Act 573. One doesn’t exist.”
Represented by the Freedom from Religion Foundation, American Civil Liberties Union of Arkansas, the ACLU, and Americans United for Separation of Church and State, with Simpson Thacher & Bartlett LLP serving as pro bono counsel, the plaintiffs in Stinson v. Fayetteville School District No. 1 are a group of 10 multifaith and nonreligious Arkansas families with children in public schools.
“Act 573 is a direct infringement of our religious-freedom rights, and we’re pleased that the court ruled in our favor,” said Samantha Stinson, who is a plaintiff in the case along with her husband, Jonathan Stinson. “The version of the Ten Commandments mandated by Act 573 conflicts with our family’s Jewish tenets and practice, and our belief that our children should receive their religious instruction at home and within our faith community, not from government officials.”
“We are delighted that reason and our secular Constitution have prevailed, and that children will be spared this unconstitutional proselytizing,” said Annie Laurie Gaylor, co-president of the Freedom From Religion Foundation. “Our public schools exist to educate, not to evangelize a captive audience.”
The injunction, issued by the U.S. District Court for the Western District of Arkansas, permanently prohibits the school-district defendants from “complying with Act 573.”
