The letter from the Freedom From Religion Foundation, the ACLU of Arkansas, the ACLU and the Americans United for Separation of Church and State notifies superintendents of yesterday’s federal court decision in Stinson v. Fayetteville School District No. 1, which ruled that Act 573 is “plainly unconstitutional” and prohibited the school district defendants from implementing or enforcing it while the lawsuit continues. The letter explains:

“Even though your district is not a party to the ongoing lawsuit, all school districts have an independent obligation to respect students’ and families’ constitutional rights. Because the U.S. Constitution supersedes state law, public-school officials may not comply with Act 573.”

Earlier this year, a group of seven multifaith and nonreligious families with children in Arkansas’ public schools filed suit in Stinson, asserting that Act 573 violates the Establishment and Free Exercise Clauses of the First Amendment to the U.S. Constitution. The four organizations that sent today’s letter also represent the plaintiffs in Stinson and issued the following statement regarding the letter:

“Arkansas school districts must not comply with Act 573. A federal court has already ruled that the statute is “obviously unconstitutional.” Public-school officials are legally required to protect and uphold the constitutional rights of students and families, including their right to religious freedom under the Establishment and Free Exercise Clauses of the First Amendment. Implementing HB 71 would violate this obligation and could result in litigation being filed against school districts that do so.”

FFRF, AU, and the ACLU are warning Arkansas schools not to implement an unconstitutional state law requiring public schools to display the Ten Commandments in every classroom and library.