The American Civil Liberties Union (ACLU) and Americans United for Separation of Church and State, alongside other civil rights organizations, have initiated a second federal lawsuit aimed at halting the display of the Ten Commandments in Texas public school classrooms. Filed on March 4, 2024, this lawsuit follows the recent enactment of Senate Bill 10, signed into law by Texas Governor Greg Abbott, which mandates that every public school classroom in the state feature a poster displaying the Ten Commandments.
Earlier in 2024, these organizations successfully obtained a preliminary injunction against 11 school districts located in Texas’ largest metropolitan areas, arguing that Senate Bill 10 likely contravenes both the Establishment and Free Exercise Clauses of the First Amendment to the U.S. Constitution. U.S. Judge Fred Biery, who issued the injunction, emphasized that the law may infringe upon constitutional rights.
Chloe Kempf, a staff attorney at ACLU Texas, stated, “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 asserted that all students, irrespective of their race or religious background, should feel accepted and free to express their identities in Texas public schools.
The new legal action names an additional 14 school districts as defendants. These districts span various regions, including Austin, Corpus Christi, Dallas-Fort Worth, Houston, San Antonio, and the Rio Grande Valley. Among those named is the Conroe Independent School District (ISD), which had initially paused its implementation of the Ten Commandments posters following the issuance of the temporary injunction. A statement from Conroe ISD indicated that they were awaiting “further guidance” from the courts.
However, the district reversed its decision shortly thereafter. Following a statement from Texas Attorney General Ken Paxton, urging non-injunction-bound districts to proceed with the display of the posters, Conroe ISD decided to comply with the law as it currently stands. The district acknowledged that future court actions could necessitate the removal of the posters but committed to following legal requirements.
In a news release, the ACLU and Americans United for Separation of Church and State noted that this new complaint addresses districts that have either displayed or planned to display the posters despite the earlier court ruling suggesting that Senate Bill 10 is likely unconstitutional. The day following the injunction’s grant, these organizations sent letters to all Texas public school districts, advising them not to hang the posters and to remove any existing displays. The letter emphasized that “all school districts have an independent obligation to respect students’ and families’ constitutional rights.”
In response to a request for comment, Paxton’s office, which represents the defendant school districts, did not immediately provide a statement. Following the issuance of the temporary injunction in the earlier lawsuit, Paxton characterized the ruling as “flawed” and filed an appeal.
Additionally, there is an ongoing lawsuit from the Next Generation Action Network Legal Advocacy Fund, a Dallas-based activist group, which seeks to block the display of Ten Commandments posters in several North Texas school districts. This case remains pending in federal court and includes three districts in the Dallas area, as well as the Texas Education Agency and Texas Education Commissioner Mike Morath as defendants.
Similar laws requiring the display of the Ten Commandments in public schools have been enacted in Arkansas and Louisiana, but courts have partially blocked these measures as well. As the legal battles unfold, the implications for educational policy and constitutional rights in Texas and beyond continue to evolve.