Judge: Texas can’t put Ten Commandments in certain classrooms
Texas cannot require public schools in Houston, Austin and other select districts to display the Ten Commandments in every classroom, a judge said Wednesday in a temporary ruling against the state’s new requirement.
Texas is the third state where courts have blocked recent laws about putting the Ten Commandments in schools.
A group of families from the school districts sought a preliminary injunction against the law, which goes into effect on Sept. 1. They say the requirement violates the First Amendment’s protections for the separation of church and state and the right to free religious exercise.
Texas is the largest state to attempt such a requirement, and U.S. District Judge Fred Biery’s ruling from San Antonio is the latest in a widening legal fight that’s expected to eventually go before the U.S. Supreme Court.
“Even though the Ten Commandments would not be affirmatively taught, the captive audience of students likely would have questions, which teachers would feel compelled to answer. That is what they do,” Biery, who was appointed by President Bill Clinton, wrote in the ruling that begins by quoting the First Amendment and ends with “Amen.”
The ruling prohibits the 11 districts and their affiliates from posting the displays required under state law. The law is being challenged by a group of Christian, Jewish, Hindu, Unitarian Universalist, and nonreligious families, including clergy, who have children in the public schools.
A broader lawsuit that names three Dallas-area districts as well as the state education agency and commissioner is pending in federal court. And although Friday’s ruling marks a major win for civil liberties groups, the legal battle is likely far from over.
Texas Attorney General Ken Paxton said he planned to appeal the ruling, calling it “flawed.”
“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,” the Republican said in a statement, echoing sentiments from religious groups and conservatives who support the law.