The ACLU has filed a new lawsuit on behalf of 16 parents of various religious faiths, the second such suit against the new law.
Texas’ new law requiring public schools to display the Ten Commandments in classrooms is facing a second legal challenge. Sixteen parents of various religious backgrounds, represented by the ACLU of Texas and religious freedom groups, argued in a new lawsuit Wednesday that the law is “catastrophically unconstitutional.”
The latest filing comes after another group of parents filed a similar lawsuit in Dallas last week.
The ACLU sued in federal court in San Antonio against Austin, Houston, Fort Bend and Plano independent school districts, among others.
These suits challenge one of the latest measures passed by the Republican-controlled Legislature earlier this year. Critics say the law injects religion into the state’s public schools, attended by roughly 5.5 million children.
The background
Senate Bill 10, by Republican Sen. Phil King of Weatherford, would require the Ten Commandments be displayed on a poster sized at least 16 by 20 inches come September, when most new state laws go into effect. Gov. Greg Abbott signed it in late June, the day after the 5th U.S. Circuit Court of Appeals found a similar law in Louisiana was “plainly unconstitutional.” The court ruled that requiring schools to post the Ten Commandments would cause an “irreparable deprivation” of First Amendment rights.
Supporters argue that the Ten Commandments and teachings of Christianity broadly are vital to understanding U.S. history, a controversial message that has resurged in recent years as part of a broader national movement to undermine the long-held interpretation of church-state separation. Texas GOP lawmakers have passed a number of laws in recent years to further codify their conservative religious views, a trend encouraged and celebrated by Christian leaders.
What are the plaintiffs saying
“Posting the Ten Commandments in public schools is un-American and un-Baptist,” Griff Martin, a pastor, parent and plaintiff in the ACLU lawsuit, said in a statement. “S.B. 10 undermines the separation of church and state as a bedrock principle of my family’s Baptist heritage. Baptists have long held that the government has no role in religion — so that our faith may remain free and authentic.”
In the lawsuit brought by the North Texas parents, the plaintiffs, who identify as Christian, said the law was unconstitutional and violated their right to direct their children’s upbringing.
One of them, a Christian minister, said the displays will offer a message of religious intolerance, “implying that anyone who does not believe in the state’s official religious scripture is an outsider and not fully part of the community.” That message, the minister argued, conflicts with the religious, social justice and civil rights beliefs he seeks to teach his kids.
Another North Texas plaintiff, a mother of two, is worried she will be “forced” to have sensitive and perhaps premature conversations about topics like adultery with her young children — and also “does not desire that her minor children to be instructed by their school about the biblical conception of adultery,” the suit states.
The plaintiffs in the ACLU suit come from diverse religious backgrounds, including families who are nonreligious. Allison Fitzpatrick said in a statement that she fears her children will think they are violating school rules because they don’t adhere to commandments like honoring the Sabbath.
“The state of Texas has no right to dictate to children how many gods to worship, which gods to worship, or whether to worship any gods at all,” sad Annie Laurie Gaylor, co-president of the Freedom From Religion Foundation, which brought the lawsuit alongside the ACLU.
What are the schools saying
Spokespersons for the Texas Education Agency, also a named defendant in the North Texas suit, did not respond last week to requests for comment. The TEA was not included as a defendant in the ACLU’s more recent filing.
A Lancaster ISD spokesperson said that the district was aware of the suit and monitoring it but did not have further comment. A Dallas ISD spokesperson said the district does not comment on pending litigation.
DeSoto ISD administrators said in a statement that the school system, which teaches roughly 6,000 kids, operates in alignment with state and federal laws and also remains committed to creating an inclusive learning environment “for all students and families, regardless of religious background or personal beliefs.”
“DeSoto ISD recognizes the diverse cultural and religious identities represented in its school community and will continue to prioritize the safety, dignity, and educational well-being of every student,” district officials said. “The district respects the role of parents and guardians in guiding their children’s personal and religious development and will strive to remain sensitive to the varying perspectives within its schools.”
Source: Eleanor Klibanoff and Alejandro Serrano, The Texas Tribune
Photo Credit: Credit: Juan Figueroa/The Texas Tribune
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