Back to Texas

A Texas School Law Is Headed for the Supreme Court's Fall Conference

Parents of several faiths, represented by the ACLU, are asking the justices to strike down the classroom Ten Commandments requirement. The 5th Circuit let it stand.

Darnell Brooks

August 18, 20262 min read

Legal Precedent - illustration, Jake Team LLC
Legal Precedent - illustration, Jake Team LLC

The fight over a Texas law requiring public school classrooms to display the Ten Commandments has reached the U.S. Supreme Court, in the same month the state's classrooms opened for a new year.

The American Civil Liberties Union filed a petition Monday asking the justices to hear its challenge, according to The Hill, which obtained a copy from the organization. The petition had not yet appeared on the court's docket.

What the law requires

State lawmakers passed the measure last year. It requires elementary and secondary school classrooms to post a conspicuous display of the Ten Commandments, and the statute specifies the size and other requirements of that display.

Texas is one of several Republican-led states to pass such a law recently. A judge ruled that a similar Arkansas law is unconstitutional. The U.S. Court of Appeals for the 5th Circuit went the other way, agreeing with Texas that its law could stand.

The argument being made

The ACLU represents a group of parents from a range of faiths who argue the requirement violates the First Amendment's religious protections.

"As a rabbi and parent, forcing a Christian version of the Ten Commandments on children in every classroom is particularly upsetting," said Joshua Fixler, a Jewish parent from Houston who is among those suing.

In its petition, the organization argued the appeals court "not only decided these cases in a way that conflicts with this Court's precedents but also deepened confusion among the lower courts over how this Court's Establishment Clause jurisprudence applies."

Texas has defended the law throughout the litigation, and the 5th Circuit ruling currently stands.

What happens next

The Supreme Court accepts only a small fraction of the petitions it receives. The justices are expected to consider this request at a closed-door conference after the court's next term begins this fall, which means a decision on whether to even hear the case is months away.

The court's recent record on religion in schools is part of the backdrop. Last year a 6-3 majority sided with Maryland parents seeking to opt their children out of instruction using books with LGBTQ themes, and in 2022 the majority sided with a high school football coach who prayed on the field.

For now the law remains in effect, and the question of what hangs on Texas classroom walls is headed toward the country's highest court.

Source: The Hill.

Sources

https://thehill.com/regulation/court-battles/6033860-aclu-texas-ten-commandments-supreme-court/

Share

Darnell Brooks

Darnell Brooks reports on public safety, police, and the courts in Frisco and Collin County.

Related Stories

More in Sport