The American Civil Liberties Union (ACLU) asked the U.S. Supreme Court on Aug. 17 to review a federal appeals court decision that upheld a Texas law requiring the display of the Ten Commandments in public school classrooms.
The U.S. Court of Appeals for the Fifth Circuit cleared the way in April for the Texas law to take effect.
The state law known as Senate Bill 10, or SB 10, requires that public elementary and secondary schools conspicuously display in classrooms an easily readable poster or framed copy of the Ten Commandments with no additional commentary.
The Fifth Circuit’s 9–8 ruling in Nathan v. Alamo Heights Independent School District raised questions about freedom of religion and how the Supreme Court had ruled on these issues in the past. If the justices agree to hear the case, their potentially landmark ruling could change the legal landscape for how governments deal with religion.
The Fifth Circuit said that the law complied with the U.S. Constitution’s First Amendment.
The Texas law “looks nothing like a historical religious establishment,” because it does not tell houses of worship what to believe, how to worship, or whom to employ, the appeals court said. It does not punish people who reject the Ten Commandments, impose taxes to support the clergy, or require churches to carry out civic functions, the court said.
“These are the kinds of things ‘establishments of religion’ did at the founding. [The Texas law] does none of them,” it said.
The Fifth Circuit also held that a 1980 precedent, Stone v. Graham, which struck down a nearly identical classroom display law, is no longer binding.
The circuit court ruling upholding the Texas statute came after a federal district court preliminarily blocked it, finding the law likely violates both the Constitution’s establishment clause, which forbids the government from favoring one religion over another, and the free exercise clause, which prohibits the government from infringing on worship and other activities. The district judge also found the displays would coerce students and interfere with parents’ rights to direct their children’s religious upbringing.
The challenge in the district court was brought by a group of Christian, Jewish, Hindu, Baha’i, Unitarian Universalist, and nonreligious families. The families argue in the petition that the Texas law violates the Constitution by forcing religion on students, and that the Fifth Circuit misinterpreted Supreme Court precedent.
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