A federal district court in Texas temporarily blocked a new state law on Wednesday that would have required public schools to display the Ten Commandments in every classroom.
U.S. District Court Judge Fred Biery issued a preliminary injunction in Rabbi Nathan v. Alamo Heights Independent School District, ruling that Texas Senate Bill 10, set to take effect Sept. 1, likely violates both the Establishment and Free Exercise Clauses of the First Amendment.
The lawsuit was originally filed in late June by several families after Gov. Greg Abbott signed Senate Bill 10 into law. Parents argued the measure intruded on their rights to guide their children’s religious education and forced religious mandates in public classrooms.
The ruling halts school districts from implementing the measure, which mandated a 16-by-20-inch poster or framed copy of a specific English version of the Ten Commandments in every classroom.
Federal judge in Texas cites First Amendment concerns
In his decision, Biery wrote that requiring the displays could amount to unconstitutional religious coercion, pressuring students into religious observance and suppressing their own beliefs.
“[T]he displays are likely to pressure the child-Plaintiffs into religious observance, meditation on, veneration, and adoption of the State’s favored religious scripture, and into suppressing expression of their own religious or nonreligious background and beliefs while at school,” Biery stated.
Plaintiffs and ACLU advocates welcome decision
The plaintiffs included Christian, Jewish, Hindu, Unitarian Universalist and nonreligious families with children in Texas public schools. They were represented by the American Civil Liberties Union of Texas, Americans United for Separation of Church and State, the Freedom from Religion Foundation, and pro bono counsel from Simpson Thacher & Bartlett LLP.
Plaintiff Rabbi Mara Nathan called the decision a win for parents’ rights: “Children’s religious beliefs should be instilled by parents and faith communities, not politicians and public schools.”
Heather L. Weaver, senior counsel for the ACLU’s Program on Freedom of Religion and Belief, said the ruling protects inclusivity in schools. “Public schools are not Sunday schools,” Weaver said.
Texas AG vows to appeal ruling on Ten Commandments
Texas Attorney General Ken Paxton defended the law and said the state will appeal the court’s decision.
“The Ten Commandments are a cornerstone of our moral and legal heritage, and their presence in classrooms serves as a reminder of the values that guide responsible citizenship. Texas will always defend our right to uphold the foundational principles that have built this nation, and I will absolutely be appealing this flawed decision,” Paxton said in a statement.
