AUSTIN, Texas (CN) - Over the weekend, Republicans in the Texas House of Representatives advanced a bill requiring a poster of the Ten Commandments in every public school classroom, getting the proposal closer to becoming law and teeing up a legal fight.
Senate Bill 10 is a simple, three-page proposal that has ignited immense controversy, not just between Democrats and Republicans, but among fellow Christians in the House chamber.
The bill's House sponsor, Republican Representative Candy Noble of Lucas, argued that the Ten Commandments used to be commonplace in classrooms across the country since the founding. However, thanks to rulings from the Supreme Court, such displays were outlawed.
Noble argued that under the high court's 2022 ruling in Kennedy v. Bremerton School District, which changed the test by which laws are tested against the Establishment Clause from a multi-pronged examination to a review of whether the statute comports with the nation's history and traditions, laws like SB 10 are now permissible.
"The displaying of the Ten Commandments in our Texas classrooms will bring back this historic tradition of recognizing America's foundational heritage in both our educational and judicial systems," Noble said. "And remind students of the importance of this cornerstone of American and Texas law."
Dictated by the bill, the poster must be 16-by-20 inches, printed in a typeface that is legible and be in a conspicuous place in the classroom. Schools are also mandated to accept donated copies of the commandments from private donors. School districts may, but are not required to, purchase copies in order to comply with the law.
Lawmakers have chosen to model the language of the poster of a granite monument of the Ten Commandments that resides on the state capitol grounds.
The monument was the subject of the 2005 Supreme Court decision in Van Orden v. Perry, in which the court held that its presence on government property did not violate the Establishment Clause of the First Amendment, barring state-established religion.
Despite Republicans' steadfast support for SB 10, Democrats in the Texas House were not swayed during a floor debate on Saturday. They believe the bill is blatantly unconstitutional, regardless of what the Supreme Court has said in recent rulings.
Throughout SB 10's consideration in the legislature, critics have pointed to the 1980 decision in Stone v. Graham, in which the Supreme Court held that an identical Kentucky law requiring the Ten Commandments in public schools was unconstitutional. That precedent has not directly been overturned.
Constitutionality aside, Democrats have argued that SB 10 fails to recognize the religious diversity of the state's over 5 million public school students.
Several amendments were offered by Representative Gene Wu, a Democrat from Houston, to require other religious texts be posted as well, including the Five Pillars of Islam, the Noble Truths of Buddhism and the Yamas and Niyamas of Hinduism. All amendments failed to be adopted.
Representative James Talarico, who is also a former public school teacher and a current seminary student, spoke against the bill just before its initial vote in the chamber. Speaking as a Christian, the Austin Democrat asked his fellow lawmakers what it truly meant to live out the words of the commandments, placing emphasis on the call to love one's neighbor.
"Love your neighbor as yourself," Talarico said. "Love does no harm to a neighbor. The Hindu, Buddhist, Sikh and atheist students who sit in a classroom are our neighbors, and we are called to love them as ourselves. But if this bill passes, we are going to put a poster on the wall of that classroom that says, 'Thou shalt not worship any God before me.' We are putting up a poster saying that their faith is not welcome here."
Shortly after Talarico's speech, the members voted 88 to 49, largely along party lines, to advance the bill. Lawmakers are expected to hold a final vote on the bill Sunday, where it is expected to pass and be sent to the governor's desk.
In addition to SB 10, the House has advanced Senate Bill 11, which allows school districts to create a time for prayer and bible reading during the day. Supporters of SB 11 claim it is needed to protect the religious freedom of students and teachers. Opponents see it as an opening for religious coercion in schools. Like SB 10, the bill is also inspired by the Supreme Court's ruling in the Kennedy case.
Senate Bill 10, if passed, is sure to face legal challenges. Last year, a Louisiana bill requiring the Ten Commandments in public schools was passed and almost immediately blocked by a federal judge after parents and students sued. That case is now under review by the U.S. Fifth Circuit Court of Appeals.
With the legislative session set to end on June 2, lawmakers have less than 10 days to get SB 10 and SB 11 to Governor Greg Abbott, who has not explicitly weighed in on the laws but is expected to sign them into law.
Source: Courthouse News Service
