ROAKE v. BRUMLEY LSBESE LSBESE LSBESE LSBESE LSBESE LSBESE LSBESE LSBESE LSBESE LSBESE (2024)

United States Court of Appeals, Fifth Circuit.

Darcy ROAKE, Reverend, on behalf themselves and on behalf of their minor children, real party in interest A.V., real party in interest S.V.; Adrian Van Young, on behalf of themselves and on behalf of their minor children, real party in interest A.V., real party in interest S.V.; Mamie Broadhurst, Reverend, on behalf of themselves and on behalf of their minor child, Real Party in Interest N.W.; Richard Williams, Reverend, on behalf of themselves and on behalf of their minor child, real party in interest N. W.; Jeff Sims, Reverend, on behalf of himself and on behalf of his minor children, real party in interest A.S., real party in interest C.S. 1, real party in interest C.S. 2; Jennifer Harding, on behalf of themselves and on behalf of their minor child, Real Party in Interest A.O.; Benjamin Owens, on behalf of themselves and on behalf of their minor child, real party in interest A.O.; David Hawley, on behalf of themselves and on behalf of their minor children real party in interest A.H., Real Party in Interest L.H.; Erin Hawley, on behalf of themselves and on behalf of their minor children, real party in interest A.H, real party in interest L.H.; Dustin McCrory, on behalf of themselves and on behalf of his minor children, real party in interest E.M.; real party in interest P.M., real party in interest L.M.; Gary Sernovitz, on behalf of themselves and on behalf of their minor child, real party in interest T.S.; Molly Pulda, on behalf of themselves and on behalf of their minor child. real party in interest T.S.; Christy Alkire, on behalf of herself and on behalf of her minor child, real party in interest L.A.; Joshua Herlands, on behalf of himself and on behalf of his minor children, real party in interest E.H., real party in interest J.H., Plaintiffs—Appellees, v. Cade BRUMLEY, in his official capacity as the Louisiana State Superintendent of Education; Conrad Appel, in his official capacity as a member of the Louisiana State Board of Elementary and Secondary Education (LSBESE); Judy Armstrong, in her official capacity as a member of the LSBESE; Kevin Berken, in his official capacity as a member of the LSBESE; Preston Castille, in his official capacity as a member of LSBESE; Simone Champagne, in her official capacity as a member of the LSBESE; Sharon Latten-Clark, in her official capacity as a member of the LSBESE; Lance Harris, in his official capacity as a member of LSBESE; Paul Hollis, Louisiana State Board of Elementary and Secondary Education; Sandy Holloway, in her official capacity as a member of the LSBESE; Stacey Melerine, in her official capacity as a member of the LSBESE; Ronnie Morris, in his official capacity as a member of the LSBESE; East Baton Rouge Parish School Board; Livingston Parish School Board; Vernon Parish School Board; St. Tammany Parish School Board, Defendants—Appellants.

No. 24-30706

Decided: December 30, 2024

Jonathan K. Youngwood, Esq. (argued), Simpson, Thacher & Bartlett, L.L.P., New York, NY, Nora Ahmed, Charles Andrew Perry, American Civil Liberties Union Foundation of Louisiana, New Orleans, LA, Patrick Elliott, Samuel Troxell Grover, Freedom From Religion Foundation, Madison, WI, Alex J. Luchenitser, Americans United for Separation of Church & State, Washington, DC, Daniel Mach, American Civil Liberties Union, Washington, DC, Alex J. Luchenitser, Americans United for Separation of Church & State, Washington, DC, Daniel Mach, American Civil Liberties Union, Washington, DC, Charles Andrew Perry, American Civil Liberties Union Foundation of Louisiana, New Orleans, LA, Heather Weaver, American Civil Liberties Union Foundation, Washington, DC, for Plaintiffs-Appellees. Jorge Benjamin Aguinaga (argued), Zachary Faircloth, Louisiana Department of Justice, Baton Rouge, LA, Joseph Charles Davis, Benjamin Fleshman, Kelsey Flores, Eric C. Rassbach, Amanda Leigh Salz, Becket Fund for Religious Liberty, Washington, DC, for Defendants-Appellants Cade Brumley, Conrad Appel, Judy Armstrong, Kevin Berken, Preston Castille, Simone Champagne, Sharon Latten-Clark, Lance Harris, Paul Hollis, Sandy Holloway, Stacey Melerine, Ronnie Morris. Jorge Benjamin Aguinaga, Zachary Faircloth, Louisiana Department of Justice, Baton Rouge, LA, for Defendants-Appellants East Baton Rouge Parish School Board, Livingston Parish School Board, Vernon Parish School Board, St. Tammany Parish School Board. Geoffrey Thomas Blackwell, Esq., American Atheists, Incorporated, Philadelphia, PA, for Amici Curiae American Atheists, Incorporated. Andrea M. Picciotti-Bayer, Conscience Project, Mclean, VA, for Amici Curiae Conscience Project, Professor Mark David Hall. John Allen Eidsmoe, Senior Counsel, Talmadge Butts, Foundation for Moral Law, Gallant, AL, for Amicus Curiae Foundation for Moral Law. Joseph Carl Cecere, Jr., Attorney, Cecere, P.C., Dallas, TX, for Amicus Curiae Professor Lorianne Updike Toler. Michael Berry, America First Policy, McKinney, TX, for Amicus Curiae America First Policy Institute. Gene C. Schaerr, Justin Miller, Schaerr Jaffe, L.L.P., Washington, DC, for Amicus Curiae Fraternal Order of Eagles. Matthew F. Kuhn, Office of the Attorney General, Office of the Solicitor General, Frankfort, KY, for Amici Curiae Kentucky, Alabama, Arkansas, Florida, Idaho, Iowa, Indiana, Mississippi, Missouri, Montana, Nebraska, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia. Lindsay Claire Harrison, Jenner & Block, L.L.P., Washington, DC, for Amici Curiae National Council of Jewish Women, Bend the Arc: A Jewish Partnership for Justice, Central Conference of American Rabbis, Hadassah, The Women's Zionist Organization of America, Incorporated, Hindus for Human Rights, Interfaith Alliance, Jewish Council for Public Affairs, Jewish Women International, Keshet, Men of Reform Judaism, Muslims for Progressive Values, Rabbinical Assembly, Sadhana: Coalition of Progressive Hindus, Sikh Coalition, Society for Humanistic Judaism, Truah, Union for Reform Judaism, Women of Reform Judaism, Women's Rabbinic Network, Zioness Movement. James R. McGuire, Esq., Attorney, Orrick, Herrington & Sutcliffe, L.L.P., San Francisco, CA, Brian Raphel, Orrick, Herrington & Sutcliffe, L.L.P., New York, NY, for Amici Curiae Baptist Joint Committee for Religious Liberty, Evangelical Lutheran Church in America, General Synod of the United Church of Christ, Reverend Jihyun Oh, The Most Reverend Sean W. Rowe.