Texas can't require the Ten Commandments in every public school classroom, judge says
A group of Dallas-area families and faith leaders 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 wrote in the 55-page ruling that began with quoting the First Amendment and ended with "Amen."
The lawsuit names the Texas Education Agency, state education Commissioner Mike Morath and three Dallas-area school districts as defendants.
A federal appeals court has blocked a similar law in Louisiana, and a judge in Arkansas told four districts they cannot put up the posters, although other districts in the state said they're not putting them up either.
Although Friday's ruling marked a major win for civil liberties groups who say the law violates the separation of church and state, the legal battle is likely far from over.
Religious groups and conservatives say the Ten Commandments are part of the foundation of the United States' judicial and educational systems and should be displayed. Texas has a Ten Commandments monument on the Capitol grounds and won a 2005 Supreme Court case that upheld the monument.
In Louisiana — the first state that mandated the Ten Commandments be displayed in classrooms — a panel of three appellate judges in June ruled that the law was unconstitutional.
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