Texas judge blocks Ten Commandments schools bill on First Amendment grounds
On Wednesday, Aug. 20, U.S. District Judge Fred Biery issued a preliminary injunction in 'Rabbi Nathan v. Alamo Heights Independent School District,' halting enforcement of Senate Bill 10 (SB 10), which was set to take effect September 1. The ruling, from the Western District of Texas, bars schools from posting the religious text as mandated.
Biery wrote the law would likely result in unconstitutional religious coercion of students and infringe on parents' rights to guide their children's religious upbringing.
'The displays are likely to pressure the child-plaintiffs into religious observance, meditation on, veneration, and adoption of the state's favored religious scripture, while suppressing their own religious or non-religious beliefs at school,' he said.
The injunction was sought by families from multiple Texas districts, including Christian, Jewish, Hindu, Unitarian Universalist and non-religious parents, as well as clergy. They were represented by the Freedom From Religion Foundation, the ACLU, Americans United for Separation of Church and State, and Simpson Thacher & Bartlett LLP.
More: Dan Patrick highlights conservative wins, defends Ten Commandments bill in Amarillo
Plaintiffs argued SB 10 violates the First Amendment's clauses ensuring separation of religion and government and protecting free religious exercise.
'This ruling is a victory for families like mine,' said Rabbi Mara Nathan, a plaintiff and public school parent. 'Children's religious beliefs should be shaped by parents and faith communities, not dictated by politicians or public schools.'
Advocates for the plaintiffs called the decision a win for religious freedom.
'Public schools are not Sunday schools,' said Heather L. Weaver, senior counsel for the ACLU's Program on Freedom of Religion and Belief.
'This ruling reaffirms that Texas families — not politicians or school officials — decide how and when their children engage with religion,' added Rachel Laser, president and CEO of Americans United for Separation of Church and State.
Passed during the 2023 legislative session, SB 10 was part of a broader push by lawmakers to increase religious expression in public schools. Supporters argued the Ten Commandments reflect the nation's historical and moral foundations. Opponents warned the law would face constitutional challenges.
The decision makes Texas the third state in recent years where courts have blocked laws mandating Ten Commandments displays in schools, following rulings in Louisiana and Oklahoma.
To this point, no state leadership have made comments on the court decision, and the preliminary injunction remains in effect as the case proceeds in federal court.
This article originally appeared on Amarillo Globe-News: Judge blocks Texas Ten Commandments in schools bill as unconstitutional
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