Introduction to the Controversy
As children head back to school across Texas, a new addition may be seen on the walls of their classrooms – the Ten Commandments. In late May, lawmakers passed Senate Bill 10 (SB 10), requiring all public schools to display a framed poster at least 16 by 20 inches, listing the Ten Commandments.
Background of the Law
The highly contested bill is not the first of its kind. Last June, Louisiana lawmakers passed a similar bill into law, H.B. 71, which required all public school classrooms to display the Ten Commandments on their walls. Soon after, the ACLU, along with nine Louisiana families, filed a federal lawsuit against the new Ten Commandments law. However, last November, a federal judge blocked the new law, putting the implementation requirement on hold for each school attended by the plaintiffs. Then, this past June, the United States Court of Appeals for the Fifth Circuit upheld the federal judge’s November decision, ruling the law is unconstitutional because it violated the Establishment Clause of the First Amendment.
The Situation in Texas
Similarly, a nearly identical situation is unfolding in Texas, as a federal judge in San Antonio began hearing arguments against SB 10. This came after the ACLU and several Texas families filed a federal lawsuit shortly after the bill passed, seeking to halt the implementation of the Ten Commandments in their classrooms. For now, the federal judge has not issued a preliminary injunction against SB 10; therefore, the law remains in effect.
Implementation by School Districts
KPRC 2 contacted dozens of school districts across the greater Houston region to determine how they are implementing the new law. Of the handful of responses received, 11 school districts stated that they will accept donations and comply with the law. Four school districts said that they are awaiting future state guidance and the outcome of the pending ACLU lawsuit. The 11 schools that said they will comply with the law and accept donations that meet the law’s requirements are Huffman ISD, Katy ISD, Brazosport ISD, Angleton ISD, Sheldon ISD, Alvin ISD, Channelview ISD, Clear Creek ISD, Splendora ISD, Livingston ISD, and Goose Creek ISD.
Challenges Faced by School Districts
Many schools that responded to the request mentioned they did not initially account for these displays in this school year’s budget and are waiting for the state’s response on how to comply with the law, particularly if they are short on funding for the Ten Commandments display. The law states that a school district “must accept any offer of a privately donated poster or framed copy of the Ten Commandments,” as long as it meets the display requirements outlined in the bill. Additionally, the bill said a district “may but is not required to, purchase posters or copies that meet the requirements using district funds.”
What’s Next?
The law is set to take effect on Sept. 1, meaning districts must comply by then. However, because a federal judge has begun hearing arguments in the lawsuit against SB 10, the new law could be blocked if the judge rules against it. In a request sent out to the ACLU of Texas, staff attorney Chloe Kempf said, “With this lawsuit, we hope to block the implementation of the law and to see the court reaffirm what we already know: Texas schools are not Sunday Schools.” Kempf continued, “Texas students and their families all have the right to decide what religious beliefs, if any, to hold and practice, and government officials have no business intruding on these deeply personal religious matters.”
Conclusion
The controversy surrounding the display of the Ten Commandments in Texas public schools continues to unfold. As the situation develops, it is essential to consider the potential implications of the law on the separation of church and state, as well as the rights of students and their families to freedom of religion. The outcome of the lawsuit and the ultimate decision on the implementation of SB 10 will have significant consequences for the state’s education system and the rights of its citizens.
