Federal Judge Declares Texas Ten Commandments Display Law Likely Unconstitutional in School Districts

A federal judge has determined that several Texas school districts are exempt from complying with a state law mandating the display of the Ten Commandments in all classrooms.

In a 55-page ruling issued on Wednesday, US District Judge Fred Biery handed down a legal victory in ongoing challenges to laws enacted in three southern states over the past year, requiring public schools to exhibit the Ten Commandments.

The judge, appointed by former President Bill Clinton, criticized the contentious legislation, known as S.B. 10, finding it likely unconstitutional and thus unenforceable in school districts such as those in Houston, Austin, and Fort Bend County.

In his opinion, Judge Biery highlighted potential questions students might pose, putting teachers in an uncomfortable position. “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?'” he wrote, referencing awkward situations that educators would be confronted with due to the law’s implementation.

The judge concluded his ruling by expressing well-wishes to those who disagreed with the decision, “For those who disagree with the Court’s decision and who would do so with threats, vulgarities, and violence, Grace and Peace unto you.”

More than a dozen Texas families of diverse faiths filed a lawsuit over the state’s law, which was signed by Republican Governor Greg Abbott in June and is set to take effect statewide starting next month. The plaintiffs argued that the law violates the First Amendment’s Establishment Clause and Free Exercise Clause.

The judge stated that the legislation “impermissibly takes sides on theological questions and officially favors Christian denominations over others.” The Texas law requires public schools to post in classrooms a specific English version of the Ten Commandments, despite variations in translations, interpretations, and denominational differences across faiths and languages.

Similar laws have been enacted this year and last year in Arkansas and Louisiana. Court challenges to these measures have also led to favorable rulings. Legal experts anticipate that these cases will eventually be appealed to the US Supreme Court.

Attorneys for the Texas families involved in the lawsuit characterized Judge Biery’s ruling as a strong rejection of state lawmakers’ efforts to impose their religious preferences on public school students in Texas. “Today’s ruling is a major win that protects the constitutional right to religious freedom for Texas families of all backgrounds,” said Tommy Buser-Clancy, an attorney with the American Civil Liberties Union. “Public schools are for educating, not evangelizing.”

Texas Attorney General Ken Paxton, who is defending the law in the case, announced his intention to appeal this decision. “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,” said Paxton, a Republican, in a statement.