SAN ANTONIO – A federal judge on Wednesday ruled to temporarily block a new Texas law that would require the Ten Commandments to be displayed in classrooms.
In his ruling, U.S. District Judge Fred Biery wrote that the state did not attempt to limit the Ten Commandments’ use to relevant course curriculum and said the law crosses the line from “exposure to coercion.”
Biery also contended that there is “insufficient” evidence that the U.S. has had a tradition of displaying the Ten Commandments in public school settings.
“Moreover, the first state law permitting public schools to hang the Ten Commandments was not passed until 1927 (in North Dakota) – and (was) immediately struck down," Biery wrote in his ruling.
Additionally, the judge — citing the Supreme Court’s notion to “maintain ‘neutrality between religion and religion’” — said Senate Bill 10 “impermissibly takes sides on theological questions.”
“S.B. 10 is not neutral with respect to religion,” Biery wrote. “By design, and on its face, the statute mandates the display of expressly religious scripture in every public school classroom. The Act also requires that a Judeo-Christian version of that scripture be used, that is exclusionary of other faiths.”
The decision comes just days before the law was supposed to take effect on Sept. 1. At the beginning of the summer, more than a dozen families filed a lawsuit against 11 school districts, including Alamo Heights, North East, Northside and Lackland Independent School Districts in the San Antonio area.
The law itself impacts an estimated 5.5 million students, but the ruling only directly applies to those districts listed in the lawsuit.
The plaintiffs hope other schools will adhere to the judge’s ruling.
Texas Attorney General Ken Paxton filed a notice of appeal Thursday.
Paxton’s office released the following statement through his office in response to Wednesday’s ruling.
“The Ten Commandments are a cornerstone of our moral and legal heritage, and their presence in classrooms serves as a reminder of the values that guide responsible citizenship,” Paxton said in a statement. “Texas will always defend our right to uphold the foundational principles that have built this nation, and I will absolutely be appealing this flawed decision.”
Spokespeople for multiple San Antonio-area school districts have issued formal responses to Biery’s ruling.
Edgewood ISD and North East ISD, through their spokespeople, told KSAT that they both plan to comply with the judge’s current ruling as well as any other future court rulings.
Meanwhile, spokespeople for Alamo Heights ISD and Northside ISD said they are declining comment on Biery’s ruling due to the “ongoing” nature of this case.
Background
Senate Bill 10, signed by Gov. Greg Abbott in June, mandates that each classroom post a 16-by-20-inch poster or a framed copy of the Ten Commandments.
Multiple families filed a lawsuit on July 2, claiming the law was “unconstitutional.” The American Civil Liberties Union and other religious freedom groups represent the families.
>> Families seek to block Texas law requiring Ten Commandments to be displayed in classrooms
The suit cites a June ruling by the 5th U.S. Circuit Court of Appeals striking down a similar law in Louisiana, which the court said would cause “irreparable deprivation of First Amendment rights.”
More than two weeks before the law was slated to take effect, a federal judge in San Antonio heard arguments.
What happened in court
On Friday, Aug. 15, and Monday, Aug. 18, Biery listened to hours of testimony. Here’s a recap:
- The attorneys representing the families in the lawsuit say the law is a violation of the First Amendment
- The defense attorneys representing the school districts say the Ten Commandments are part of U.S. History
Biery did not rule immediately on the case after the evidence was closed. He released his ruling on Wednesday.
In court, Biery said multiple times he expected this issue to go up to the U.S. Supreme Court.
This is a breaking news story. It will be updated as more information becomes available.
Read also: