A federal judge in San Antonio has temporarily prohibited 11 Texas school districts from posting the Ten Commandments in classrooms, as required by a new state law.
The ruling—which will be appealed—followed a lawsuit filed by a coalition of left-wing rabbis, pastors, and parents.
The state legislature passed the new law—Senate Bill 10 (SB 10)—this spring. It requires every classroom in government elementary and secondary schools to display a framed copy or durable poster of the Ten Commandments in a “conspicuous place.”
The law is set to take effect on September 1, 2025.
The poster must be at least 16 inches wide and 20 inches tall and must include the exact wording of the Ten Commandments written into the statute. No additions or alterations are allowed.
Schools are not required to purchase the posters, though they are required to accept and display any donated copy that meets the requirements. To ensure districts are protected, the law also ensures the Texas Attorney General will defend schools in any lawsuit brought over compliance.
Such a lawsuit arose on July 2 in a federal district court in San Antonio.
The Decision
On Wednesday, United States District Judge Fred Biery released his decision in the form of an order, temporarily prohibiting the school districts from displaying the Ten Commandments under SB 10.
In the ruling, Judge Biery explains why he believes displaying the Ten Commandments would be problematic.
“Even though the Ten Commandments would not be affirmatively taught, the captive audience of students likely would have questions, which teachers would feel compelled to answer,” wrote Biery.
“Teenage boys, being the curious hormonally driven creatures they are, might ask: ‘Mrs. Walker, I know about lying, and I love my parents, but how do I do adultery?’ Truly an awkward moment for overworked and underpaid educators, who already have to deal with sex education issues,” he continued.
Judge Biery also suggested that the Texas Legislature could alternatively require the posting of “the Five Moral Precepts of Buddhism.”
Notably, the ruling only applies to the school districts involved in the lawsuit, which are listed below:
- Alamo Heights ISD
- North East ISD
- Lackland ISD
- Northside ISD
- Austin ISD
- Lake Travis ISD
- Dripping Springs ISD
- Houston ISD
- Fort Bend ISD
- Cypress Fairbanks ISD
- Plano ISD
State Sen. Phil King—an author of SB 10—provided Texas Scorecard with his analysis of the decision.
“Today, a federal judge blocked implementation of SB 10,” said King. “Though this injunction applies only to 11 school districts, we are not surprised, as we expected this law to be challenged by the ACLU and other liberal groups.”
“I have the highest level of confidence that this injunction will be overturned on appeal, and in the next few days I will be meeting with the state’s litigation team to discuss our next steps,” he continued.
Attorney General Ken Paxton told Texas Scorecard the state will appeal the 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. 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,” said Paxton.
Judge Biery faced criticism in 2011 when he banned prayer, benedictions, invocations, and even saying “Amen” during graduation ceremonies at Medina Valley High School in Castroville. The ruling was overturned on appeal, but not before former Gov. Rick Perry called the ban “reprehensible.”
The Lawsuit
The complaint was filed by a coalition of parents on behalf of themselves and their minor children. Included in the coalition are left-wing religious leaders, such as Reverend Cynthia Mood, Rabbi Mara Nathan, Rabbi Joshua Fixler, and Pastor James Griffin Martin.
Plaintiffs are represented by the American Civil Liberties Union of Texas.
Rabbi Nathan, of Temple Beth-El in San Antonio, is the first woman to serve as senior rabbi of a major congregation in the State of Texas.
Pastor Martin of the First Baptist Church of Austin stated, “I love the commitment that we have made to social justice.” The church’s ministerial team directory includes pronouns beneath each member’s name.
In the complaint, plaintiffs argued that “students will be forcibly subjected to scriptural dictates, day in and day out.”
“This simply cannot be reconciled with the fundamental religious freedom principles that animated the Founding of our nation,” the complaint continued.
Interestingly, it was not until 1963 that it was deemed unconstitutional for government schools in the United States to require bible readings at the opening of each school day. This was decided in the Supreme Court case School District of Abington Township, Pennsylvania v. Schempp.
Before that time, the practice was common. Founding Father Benjamin Rush stated that his “arguments in favor of the use of the Bible as a schoolbook” are “founded in the constitution of the human mind.”
SB 10 is also being challenged in a separate lawsuit in the U.S. District Court, Northern District of Texas. This lawsuit was brought by a coalition of self-described religious leaders in North Texas.
ACLU attorneys did not respond to Texas Scorecard’s request for comment in time for publication.
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