Texas Families Sue to Stop Display of Ten Commandments in Public Schools

The battle over Texas' Senate Bill 10 continued on Monday, with families in the state filing a federal lawsuit to block the display of a Protestant Christian version of the Ten Commandments in a "conspicuous place" in every public school classroom.

"This lawsuit, brought on behalf of a new group of Texas families, underscores a critical principle: Public schools across the state must uphold—not undermine—the constitutional protections afforded to every student," said Jon Youngwood, global co-chair of the litigation department at Simpson Thacher & Bartlett LLP, which represents the plaintiffs.

"As multiple courts have reaffirmed, the First Amendment safeguards the rights of individuals to choose whether and how they engage with religion, and that protection extends to every classroom," Youngwood continued.

The new complaint, filed in the Western District of Texas, explains that "last month, this district court ruled that SB 10 is 'plainly unconstitutional' and likely violates the Establishment and Free Exercise Clauses of the First Amendment... And in June, the US Court of Appeals for the 5th Circuit held the same regarding a Louisiana statute similar to SB 10."

"Despite these precedents, the defendant school districts have pressed forward with actually posting SB 10 displays in classrooms, or have confirmed they will do so shortly—even after receiving a letter from plaintiffs' counsel," the filing explains.

"All students—regardless of their race or religious background—should feel accepted and free to be themselves in Texas public schools."

After US District Judge Fred Biery, an appointee of former President Bill Clinton, issued a preliminary injunction against SB 10 last month, Republican Texas Attorney General Ken Paxton, who is running for US Senate, said that only the school districts involved in that case are affected and all others must abide by the law. Paxton also appealed the previous decision to the 5th Circuit.

With the latest filing, the families are seeking a declaratory judgment that SB 10 is unconstitutional. In both Texas cases, the plaintiffs are represented by not only Simpson Thacher but also Americans United for Separation of Church and State, the state and national ACLU, and the Freedom From Religion Foundation.

"This lawsuit is a continuation of our work to defend the First Amendment and ensure that government officials stay out of personal family decisions," said Chloe Kempf, staff attorney at the ACLU of Texas. "All students—regardless of their race or religious background—should feel accepted and free to be themselves in Texas public schools."

The families behind this latest filing have various beliefs. Nichole Manning, for example, called SB 10 "a calculated step to erode the separation of church and state and the right for my family to exercise our nonreligious beliefs."

Another plaintiff, Lenee Bien-Willner, said that "forcing religion, any religion, on others violates my Jewish faith."

"It troubles me greatly to have Christian displays imposed on my children," she said. "Not only is the text not aligned with Judaism, but the commandments should be taught in the context of a person's faith tradition. State-sponsored religion, however, does not belong in the public classroom."

Even some Christians are opposed to the Texas law. Plaintiff Rev. Kristin Klade said that "as a devout Christian and a Lutheran pastor, the spiritual formation of my children is a privilege I take more seriously than anything else in my life."

"The mandated Ten Commandments displays in my children's public school impede my ability to 'train up my child in the way he should go' (Proverbs 22:6)," she said. "I address questions about God and faith with great care, and I emphatically reject the notion that the state would do this for me."