AU, allies to sue over Texas Ten Commandments in public schools law

AUSTIN, TEXAS — Americans United for Separation of Church and State, the American Civil Liberties Union of Texas, the American Civil Liberties Union and Freedom From Religion Foundation announced today that they will sue over Texas Senate Bill No. 10, which requires Texas public schools to display the Ten Commandments in every classroom. Having received final legislative approval yesterday, the bill will now be sent to Gov. Greg Abbott and is expected to be signed into law.

Under S.B. 10, every public elementary and secondary school in Texas must display a poster or framed copy of the Ten Commandments “in a conspicuous place in each classroom.” The bill mandates that the display be no smaller than 16 inches wide and 20 inches tall and that the Commandments be set forth “in a size and typeface that is legible to a person with average vision from anywhere in the classroom.” The bill also requires that a specific version of the Ten Commandments, selected by lawmakers and associated with Protestant faiths, be used for every display.

S.B. 10 is prohibited by longstanding U.S. Supreme Court precedent. Nearly 50 years ago, in Stone v. Graham, the Supreme Court ruled that the First Amendment forbids public schools from posting the Ten Commandments in classrooms.

Following this precedent, a federal district court recently held in Roake v. Brumley that a Louisiana law similar to S.B. 10 violates parents’ and students’ rights under the Free Exercise and Establishment Clauses of the First Amendment. The court ruled that the displays will religiously coerce students, who are legally required to attend school and are thus a captive audience for school-sponsored religious messages, and will usurp families’ right to direct children’s religious education. That case, in which the plaintiffs are represented by Americans United, the ACLU, Freedom from Religion Foundation, and the ACLU of Louisiana, is currently on appeal in the 5th U.S. Circuit Court of Appeals.

In response to the passage of S.B. 10, the groups intending to challenge the law issued the following joint statement:

“S.B. 10 is blatantly unconstitutional. We will be working with Texas public school families to prepare a lawsuit to stop this violation of students’ and parents’ First Amendment rights. 

“We all have the right to decide what religious beliefs, if any, to hold and practice. Government officials have no business intruding on these deeply personal religious matters. S.B. 10 will subject students to state-sponsored displays of the Ten Commandments for nearly every hour of their public education. It is religiously coercive and interferes with families’ right to direct children’s religious education. 

“Texas communities and public schools are religiously diverse. Many public school families do not practice any religion at all, while many others practice religions that do not consider the Ten Commandments to be part of their faith traditions. Even among those who may believe in some version of the Ten Commandments, the particular text they adhere to can differ by religious denomination. The version of scripture set forth in S.B. 10, however, is associated only with Protestant faiths, and does not reflect the beliefs of most Jewish and Catholic families. 

“S.B. 10 will co-opt the faith of millions of Texans and marginalize students and families who do not subscribe to the state’s favored scripture. We will not allow Texas lawmakers to divide communities along religious lines and attempt to turn public schools into Sunday schools. If Governor Abbott signs this measure into law, we will file suit to defend the fundamental religious freedom rights of all Texas students and parents. We encourage all concerned public school parents to contact us at au.org.”