Texas loses round one in court battle to have 10 Commandments posted in schools

The state of Texas has lost its first round in a legal battle filed by nonreligious parents and religious leaders from multiple faiths who oppose having the 10 Commandments posted in public school classrooms.

U.S. District Judge Fred Biery on Wednesday temporarily blocked a new law from going into effect Sept. 1.

In his 55-page ruling issued after a two-day hearing in San Antonio, Biery said the law "likely violates both the Establishment and Free Exercise Clauses of the First Amendment" of the U.S. Constitution. He granted the plaintiff’s request for a preliminary injunction. He also denied the state’s motion to dismiss.

“Ultimately, in matters of conscience, faith, beliefs and the soul, most people are Garbo-esque,” Biery wrote. “They just want to be left alone, neither proselytized nor ostracized, including what occurs to their children in government-run schools.

“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. That is what they do. 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, Mahmoud, 145 S. Ct. at 2355, and a classic example of the law of unintended consequences in legislative edicts.”

He said the Texas legislature could also require public schools to post “the Five Moral Precepts of Buddhism: abstain from killing, stealing, engaging in sexual misconduct, lying and intoxicants,” or other texts.

Biery also issued a closing remark to those who disagreed with his ruling.

“For those who disagree with the Court’s decision and who would do so with threats, vulgarities and violence, Grace and Peace unto you. May humankind of all faiths, beliefs and non-beliefs be reconciled one to another,” he wrote before his signature on the order.

The lawsuit was filed after Gov. Greg Abbott signed SB 10 into law on June 22, which requires every public-school classroom in Texas to post a copy of the Ten Commandments beginning in the 2025-2026 school year, The Center Square reported.

Protestant pastors, Islamic leaders and nonreligious parents from North Texas school districts sued the Texas Education Agency, Dallas ISD, Desota ISD and Lancaster ISD in U.S. District Court Northern District of Texas.

They argue SB 10 violates the U.S. Constitution and the Texas Constitution and “no federal court has upheld any display of the Ten Commandments by a public school.”

“Permanently posting the Ten Commandments in every Texas public-school classroom unconstitutionally pressures students into religious observance, reverence, and adoption of the state’s mandated religious scripture,” violating the Establishment and Free Exercise clauses of the First Amendment, the lawsuit argues. SB 10 also “substantially interferes with the rights of parents to direct their children’s religious education and upbringing,” violating the Due Process Clause of the 14th Amendment, the lawsuit argues.

They also argue SB 10 violates the Texas Constitution, which states, “No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship.”

Biery agreed.

Attorney General Ken Paxton has said he is appealing the ruling.

A lawsuit filed over a similar bill in Louisiana has so far been struck down, including more recently in the Fifth Circuit Court of Appeals.