Texas Governor Signs Ten Commandments Law; Appeals Court Rejects Louisiana Statute
Texas Governor Greg Abbott has signed into law a bill passed earlier this month by the state legislature requiring the Ten Commandments to be displayed in all of the state’s public school classrooms. Meanwhile, a federal appeals court declared a similar Louisiana law unconstitutional.
Abbott announced he had signed the bill on Saturday. It makes Texas the largest state to enact such a law.
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The bill, known as SB10, was sponsored by State Sen. Phil King (R-Weatherford) and requires every classroom to visibly display a poster that’s at least 16 by 20 inches featuring a specific version of the Ten Commandments. The poster can’t include any text other than the language laid out in the bill, and no other similar posters may be displayed.
“It is incumbent on all of us to follow God’s law, and I think we would all be better off if we did,” Rep. Candy Noble (R-Lucas) said during the House vote.
“Placing the Ten Commandments and national motto on schoolhouse walls is a great way to remind students of the foundations of American and Texas law. And bringing state law in line with what the U.S. Supreme Court has said about prayer in schools should make it clear to school administrators that student and teacher prayer is completely Constitutional. First Liberty was grateful to support these important bills and looks forward to them being signed into law by Governor Abbott,” said Matt Krause with First Liberty Institute.
Critics argue the bill violates the Establishment Clause of the First Amendment, which prohibits the federal government from creating a state religion.
National and state chapters of the ACLU joined Americans United for Separation of Church and State and the Freedom from Religion Foundation in May, announcing plans to challenge the legislation that requires schools to post the Ten Commandments.
“S.B. 10 is blatantly unconstitutional. We will be working with Texas public school families to prepare a lawsuit to stop this violation of students’ and parents’ First Amendment rights,” the ACLU wrote, calling the measure “religiously coercive.”
Supporters of the bill argue that U.S. Supreme Court decisions, including Kennedy v. Bremerton School District, would allow SB 10 to hold up in court.
“For 200 years, the Ten Commandments were displayed in public buildings and classrooms across America,” wrote King in his bill analysis. “The Court has … provided a test that considers whether a governmental display of religious content comports with America’s history and tradition. Now that the legal landscape has changed, it is time for Texas to pass SB 10 and restore the history and tradition of the Ten Commandments in our state and our nation.”
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On the other side, ACLU Staff Attorney Chloe Kempf contends that the U.S. Supreme Court’s decision in Stone v. Graham, which struck down a similar Kentucky law, still applies.
“The Supreme Court has never overruled it. And in fact, in more recent years, including in the Kennedy case, the Supreme Court has affirmed that there is a special constitutional concern when we are indoctrinating students in school with religious messages,” Kempf told KXAN-TV. “The Kennedy case…really has no relationship to a bill that requires a religious text to be posted in schools.”
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