The American Civil Liberties Union (ACLU) and Americans United for Separation of Church and State, alongside other civil rights organizations, have filed a second lawsuit in federal court to prevent additional Texas public school districts from displaying the Ten Commandments in classrooms. This move follows the enactment of Senate Bill 10, signed into law by Governor Greg Abbott in July 2023, which mandates that every public school classroom in Texas must include a poster featuring the Ten Commandments.
Earlier in the summer, these groups successfully obtained a preliminary injunction against 11 school districts in Texas’ largest metropolitan areas. This injunction was issued by U.S. Judge Fred Biery, who stated that the law “likely violates both the Establishment and Free Exercise Clauses of the First Amendment” to the U.S. Constitution.
Chloe Kempf, a staff attorney at the ACLU Texas, emphasized the importance of this legal action, stating, “This lawsuit is a continuation of our work to defend the First Amendment and ensure that government officials stay out of personal family decisions.” She further noted that “all students – regardless of their race or religious background – should feel accepted and free to be themselves in Texas public schools.”
The new lawsuit targets an additional 14 school districts, including those located in the Austin, Corpus Christi, Dallas-Fort Worth, Houston, and San Antonio areas, as well as the Rio Grande Valley. Among the named defendants is the Conroe Independent School District (ISD), situated north of Houston. Following the issuance of the preliminary injunction, Conroe ISD paused its plans to distribute Ten Commandments posters. The district had stated that it was awaiting “further guidance” from the courts.
However, shortly thereafter, Texas Attorney General Ken Paxton encouraged all districts not affected by the injunction to proceed with displaying the posters. In response, Conroe ISD maintained that it would adhere to the law as it currently stands, despite acknowledging that future court actions might require the removal of the posters.
The organizations representing the plaintiffs articulated that this new complaint is a direct response to school districts that have displayed or signaled intentions to display the posters, despite the court’s earlier ruling indicating that Senate Bill 10 is likely unconstitutional. Following the issuance of the injunction, the ACLU and Americans United for Separation of Church and State reached out to all Texas public school districts, urging them to refrain from displaying the posters and to remove any existing ones.
“Even though your district is not a party to the ongoing lawsuit, all school districts have an independent obligation to respect students’ and families’ constitutional rights,” the letter stated. It further asserted that “the U.S. Constitution supersedes state law, and public school officials may not comply with S.B. 10.”
As of now, Paxton’s office, which represents the defendant school districts, has not provided a comment on the latest lawsuit. After the temporary injunction was granted, Paxton appealed the decision, labeling it as “flawed.”
Additionally, there is another lawsuit in the pipeline, initiated by the Dallas-based activist group, the Next Generation Action Network Legal Advocacy Fund. This lawsuit seeks to block Ten Commandments posters from several North Texas school districts and names three Dallas-area districts, along with the Texas Education Agency and Texas Education Commissioner Mike Morath, as defendants.
Similar legislation requiring the display of the Ten Commandments in public schools has faced legal challenges in other states, including Arkansas and Louisiana, where courts have also partially blocked these laws. The outcome of these various lawsuits may have significant implications for the ongoing debate surrounding the intersection of education and religious expression in public schools across the United States.
