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ken paxton
Texas Families Sue to Stop Display of Ten Commandments in Public Schools
"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," said one lawyer.
Sep 22, 2025
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."
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Christian Nationalism Resurrected as Trump Promotes Prayer in Public Schools
"President Trump is using religion to promote his self-aggrandizement and political agenda, all the while perpetuating the lie that America is a Christian nation and that religion is under attack," said one critic.
Sep 08, 2025
Proponents of separating church and state on Monday decried US President Donald Trump's pledge to protect prayer in public schools, warning that the administration is advancing the agenda of far-right Christian nationalists seeking to impose their religious beliefs upon everyone.
Speaking at a meeting of the president's so-called Religious Liberty Commission at the Museum of the Bible in Washington, DC, Trump announced upcoming Department of Education guidance "protecting the right to prayer in our public schools, and it's total protection."
"We're defending our rights and restoring our identity as a nation under God," Trump said. "To have a great nation, you have to have religion. I believe that so strongly. As president, I will always defend our glorious heritage, and we will protect the Judeo-Christian principles of our founding."
The president added that it is "ridiculous" that the nation's public school students are "indoctrinated with anti-religious propaganda, and some are even punished for their religious beliefs."
Trump also launched his "America Prays" initiative, which asks the faithful to "join with at least 10 people to meet each week for one hour to pray" for the country.
In response to the president's speech, the Freedom From Religion Foundation (FFRF) said on social media: "We've never been 'one nation under God.' There's nothing to restore. Our true identity is freedom of conscience—the right to believe in any faith, or none at all."
"A great nation isn't built on religion—it's built on equality, liberty, and justice for all," FFRF added. "Our strength comes from We The People, not belief in a god."
Rachel Laser, president of the group Americans United for Separation of Church and State, said in a statement that Monday's event "once again demonstrated that this commission isn't about religious liberty; it's about rejecting the nation's religious diversity and prioritizing one set of Christian beliefs."
"From the professions of Christian faith to the chorus of 'amens' during Christian prayers to the exclusively Christian speakers this morning, this government hearing was more like a church service," Laser noted. "Once again, President Trump is using religion to promote his self-aggrandizement and political agenda, all the while perpetuating the lie that America is a Christian nation and that religion is under attack."
Laser continued:
The Trump administration is advancing this Christian nationalist agenda with the launch of his 'America Prays' initiative, which calls on Americans to pray for our country. People who care about religious freedom don't need to be told when or how to pray; they need leaders who are committed to separation of church and state.
At a hearing focused on religious freedom and public schools, the commission ignored the most serious threats. From mandates to display the Ten Commandments and teach from the Bible to Christianity-infused curriculum and the installation of school chaplains, Christian nationalists and their political allies are trying to impose their personal religious beliefs on America's public school children.
"Our country's promise of church-state separation means that families—not politicians or public school officials—get to decide how and when children engage with religion," Laser added. "Yet many of the organizations represented at today's meeting and members of the Religious Liberty Commission have tried to undermine this fundamental American principle and turn our public schools into Sunday schools."
Monday's event came as some GOP-led states push forward with plans for more overt displays of religiosity in public schools. Most notably, Texas Attorney General Ken Paxton—a US Senate candidate—is urging schools to display the Ten Commandments in spite of a federal judge's recent injunction on a law requiring the Judeo-Christian religious and ethical directives to be displayed in all classrooms.
Paxton is also urging all schools "to begin the legal process of putting prayer back in the classroom and recommending the Lord's Prayer for students."
Responding to Paxton's push, gun control advocate Fred Guttenberg said last week on social media: "Hey Ken, many have said that you committed adultery. Shouldn't you worry about your own morality before imposing this on others? Looks like you are using religion for personal gain."
Recent polls have shown a significant drop in the number of Americans who identify as Christian in recent decades, an all-time low in belief in "God," and a steady overall decline in religiosity among younger Americans.
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Texas AG Demands Schools Display Ten Commandments Even After Judge's Injunction
"The Constitution, not the Ten Commandments, built this country," said the Freedom from Religion Foundation in response to Paxton.
Aug 25, 2025
Texas Attorney General Ken Paxton on Monday said that the vast majority of schools in the Lone Star State should still plan on displaying the Ten Commandments in classrooms even after a federal judge ruled against it last week.
In a statement, Paxton said that "schools not enjoined by ongoing litigation must abide" by a state law that requires the display of the Ten Commandments in all public and secondary school classrooms.
"The woke radicals seeking to erase our nation's history will be defeated," he said. "I will not back down from defending the virtues and values that built this country."
Paxton asserted that only nine Texas school districts are affected by the injunction and said that all other districts "must abide by the law once it takes effect on September 1, 2025."
The Texas attorney general's defiant stance on the Ten Commandments earned him a quick rebuke from Rep. Joaquin Castro (D-Texas), who accused him of grandstanding instead of doing his job as the state's chief law enforcement official.
"Paxton's job is to uphold the Constitution, which guarantees the separation of church and state—not the Ten Commandments," he wrote on X. "Our public schools should focus on educating Texas students, not stoking culture wars."
The Freedom From Religion Foundation also rebuked Paxton for failing to uphold the Constitution's prohibition of the government establishment of a religion.
"The Constitution, not the Ten Commandments, built this country," the foundation said. "Forcing students to observe one religion’s rules is a blatant violation of the First Amendment regardless of what Ken Paxton claims. Public schools are for education, not religious indoctrination."
Paxton's declaration came less than a week after US District Judge Fred Biery of the United States District Court for the Western District of Texas issued a preliminary injunction against the state law requiring the Ten Commandments to be displayed.
In his ruling, Biery argued that the classroom displays "are likely to pressure the [students] into religious observance, meditation on, veneration, and adoption of the state's favored religious scripture, and into suppressing expression of their own religious or nonreligious background and beliefs while at school."
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