Texas Attorney General Ken Paxton is suing the Galveston, Round Rock and Leander school districts for allegedly not following a new state law requiring schools to display the Ten Commandments in classrooms while the legislation is challenged in federal court.
State lawmakers earlier this year passed Senate Bill 10, which requires schools to accept posters or framed copies of the Ten Commandments and to display them “in a conspicuous place” in classrooms. Gov. Greg Abbott signed SB 10 in late June, a day after a federal appeals court in Louisiana found a similar law “plainly unconstitutional.”
After SB 10 took effect on Sept. 1, the three school districts received donated posters of the Ten Commandments, according to two lawsuits — the first against the Galveston district and the second against the Round Rock and Leander districts. Paxton has accused each of not hanging the posters in their schools as arguments over the constitutionality of the law proceed in federal court. None of the three districts is part of the lawsuits challenging the law.
“We will closely monitor any possible litigation and consult with our legal counsel before making further decisions,” a Galveston spokesperson said in an early November email. “In the meantime, our focus remains on elevating instruction, valuing a respectful culture, and promoting a safe environment for students and staff.”
The Round Rock district said in a statement that it believes the law conflicts with “longstanding federal law regarding the separation of church and state” and that it was awaiting further guidance from the courts on how schools should proceed.
“We were hopeful that we could avoid using scarce district resources for litigation when the question will be fully addressed by the Fifth Circuit in an upcoming decision set for hearing in January,” the district’s statement said, referring to the appeals court considering one of Texas’ Ten Commandments cases. “However, in light of the attorney general’s premature actions, we will be consulting outside legal counsel.”
The Leander school district said it is “confounded” by the lawsuit, adding that the schools have “accepted donated posters and has actively implemented the law in accordance with state requirements.”
“At no point has Leander ISD taken action to defy or disregard the law,” the district said. “Typically, the Attorney General’s Office contacts school districts for clarification prior to initiating action. Had the AG’s Office contacted Leander ISD, the District could have shared its spreadsheet tracking precisely the number of donated posters the District has received and where in the District the posters have been displayed in accordance with SB 10.”
In August, a federal judge barred 11 districts from enforcing the law, siding with more than a dozen Texas families who argued that the law undermines the separation of church and state and their right to direct their children’s upbringing. U.S. District Judge Fred Biery called the law unconstitutional, saying it “crosses the line from exposure to coercion” and that the case will likely reach the U.S. Supreme Court.
A federal appeals court is set to hear arguments in both the Texas and Louisiana cases in January.
Biery’s ruling only applied to the 11 school districts named in the lawsuit. Attorneys representing the families expressed hope that other districts would not implement the law, but they later told the court in a legal filing that many districts are implementing it or have signaled an intent to do so.
U.S. District Judge Orlando L. Garcia earlier this month ordered 14 more districts to remove Ten Commandments posters from classroom walls, giving them a deadline of Dec. 1 to comply with his order.
Paxton has called on all districts not involved in litigation to display the Ten Commandments.
“America is a Christian nation, and it is imperative that we display the very values and timeless truths that have historically guided the success of our country,” Paxton said in a Friday news release announcing the lawsuit against Galveston ISD. “By refusing to follow the law, Galveston ISD chose to both blatantly ignore the Legislature and also ignore the legal and moral heritage of our nation.”
“There is no valid legal basis to prevent Texas schools from honoring a foundational framework of our laws, especially under the misconception that a ‘separation of church and state’ phrase appears in the Constitution,” Paxton added. “It does not.”
Supporters of SB 10 have argued that the Ten Commandments are historically significant and teach students about American values. Conservative groups in recent years have pushed to infuse Christian values into public life. Historians and religious scholars have repeatedly debunked the notion that America was founded as a Christian nation. Families and advocates of diverse religious backgrounds, including Christians, have pushed back against what they view as state attempts to coerce children into following a particular belief system.
The lawsuits against the three school districts appear to contradict state attorneys’ arguments defending SB 10. In the first case challenging the law’s constitutionality, they said the law does not pose any threat or harm to families in part because it doesn’t specify what would happen to districts that choose not to comply.
