ACLU Seeks Supreme Court Review of Texas Ten Commandments Classroom Law

The American Civil Liberties Union (ACLU) filed a petition asking the U.S. Supreme Court to hear a challenge to a Texas statute that mandates a conspicuous display of the Ten Commandments in every public elementary and secondary school classroom. The petition, submitted on a Monday, argues that the law violates the First Amendment’s Establishment Clause by imposing a specifically Christian religious message in public schools.

The Hill

Texas enacted the requirement last year, specifying the size and placement of the Ten Commandments displays. The measure joins similar statutes passed by other Republican-led states. In a related case, a federal judge struck down an Arkansas law with comparable provisions as unconstitutional. However, the U.S. Court of Appeals for the Fifth Circuit upheld Texas’s law, contending that it could stand under existing precedent.

The Hill

Representing a coalition of parents of diverse faiths, the ACLU contends that the statute “conflicts with this Court’s precedents” and creates “confusion among the lower courts” regarding Establishment Clause jurisprudence.

The Hill

Texas officials have defended the law, arguing that the display is “historically significant” and does not endorse a particular religion. The Fifth Circuit’s affirmation of the statute underscores the judicial split over how the Supreme Court’s prior Establishment Clause rulings apply to such mandates.

The Hill

If the Supreme Court agrees to hear the case, it would add to a recent series of high-profile religious-rights disputes before the Court, including decisions on LGBTQ-themed curriculum opt-outs and post-game prayer restrictions. A ruling could clarify the scope of permissible religious expression in public schools and influence similar statutes in other states.

The Hill

• “As a rabbi and parent, forcing a Christian version of the Ten Commandments on children in every classroom is particularly upsetting,” — Joshua Fixler — Joshua Fixler, Jewish parent and plaintiff.

The Hill