In a significant legal development, the American Civil Liberties Union (ACLU) of Texas, along with national civil liberties organizations, has announced plans to sue the state over Senate Bill 10 (S.B. 10). This legislation mandates that all public school classrooms in Texas display the Ten Commandments, a move critics argue infringes upon the First Amendment’s Establishment Clause.
S.B. 10, recently passed by the Texas Legislature and awaiting Governor Greg Abbott’s signature, requires every public elementary and secondary school classroom to exhibit a poster or framed copy of the Ten Commandments. The specified display must be at least 16 inches wide and 20 inches tall, with text legible from anywhere in the classroom. The bill stipulates a specific version of the Ten Commandments, reflecting Protestant Christian traditions.
Opponents of the bill, including the ACLU, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, contend that the law is “blatantly unconstitutional.” They argue that it violates the First Amendment by promoting a specific religious doctrine in public schools, thereby infringing upon students’ and parents’ rights to religious freedom. The groups have expressed their intent to work with Texas public school families to prepare a lawsuit challenging the legislation.
The controversy surrounding S.B. 10 echoes the 1980 U.S. Supreme Court decision in Stone v. Graham, which struck down a similar Kentucky law requiring the posting of the Ten Commandments in public school classrooms. The Court held that such mandates lack a secular legislative purpose and thus violate the Establishment Clause.
Proponents of the Texas bill, including its authors Senators Phil King and Mayes Middleton, argue that the Ten Commandments have historical significance and can provide moral guidance to students. Lieutenant Governor Dan Patrick has expressed support for the measure, and Governor Abbott is expected to sign it into law.
The impending legal battle over S.B. 10 underscores the ongoing national debate over the role of religion in public education. As Texas prepares to implement this law, the outcome of the anticipated lawsuit could have far-reaching implications for similar legislation across the country.
