The case could set up a landmark clash over the separation of church and state.
In their Supreme Court brief, the families' attorneys argue that the law violates basic First Amendment principles governing the separation of church and state.
More than two dozen Texas families are asking the U.S. Supreme Court to hear their challenge to a state law that requires public schools to post a Protestant version of the Ten Commandments in every classroom. The request, filed today, urges the court to protect students’ and parents’ religious freedom by blocking Texas Senate Bill 10, ensuring that families — not politicians — have the right to decide what role religion plays in their lives.The Christian, Jewish, Hindu, Baha'i, Unitarian Universalist, and nonreligious families challenging the Texas law attend 22 school districts across the state and are represented by the American Civil Liberties Union of Texas, the ACLU, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel. Today’s petition seeks review of lower court rulings in two separate but similar cases: Nathan v. Alamo Heights Independent School District and Cribbs Ringer v. Comal Independent School District.Under S.B. 10, Texas public schools must permanently display a state-mandated version of the Ten Commandments, drawn from the Protestant King James Bible, in a “conspicuous” place in each classroom, from kindergarten through 12th grade. The families challenging S.B. 10 object to the law because the displays will pressure children to conform to the state’s favored religious beliefs and interfere with parents’ right to guide their children’s religious instruction.Today’s Supreme Court filing, a joint petition for a writ of certiorari in both cases, follows an April decision by the en banc U.S. Circuit Court of Appeals for the 5th Circuit allowing the state-selected version of the Ten Commandments to go up in the plaintiffs’ classrooms. By a narrowly decided vote, the 5th Circuit ruled that S.B. 10 does not violate either the Establishment or Free Exercise Clauses of the First Amendment — despite a 1980 Supreme Court case striking down a nearly identical Kentucky law.“As a rabbi and parent, forcing a Christian version of the Ten Commandments on children in every classroom is particularly upsetting,” said plaintiff Rabbi Joshua Fixler (he/him) of Houston. “I am not only worried about my own kids, but I’m deeply concerned about all the children in my congregation. These displays put children in the position of having to defend themselves and their families’ religious beliefs against a government mandate that makes them feel different and separate from their classmates.”“Texas politicians shouldn’t have a seat at the table in deciding how our children receive their religious education. That decision belongs to our family,” said plaintiffs Rebekah (she/her) and Ted Lowe (he/him), an Austin-based interfaith couple who are raising their children in the Christian and Jewish traditions. “This law puts one version of religious beliefs above all others in our public schools and sends a message to our children that what we teach them about religion at home is somehow wrong.”“By requiring displays of religious doctrine in every classroom, the state is interfering with our family’s decisions about how our children engage with religion,” said plaintiff Nichole Manning (she/her), a Dallas-area atheist who is raising her children in a nonreligious tradition that gives them the space and autonomy to develop their own beliefs about religion. “As a parent, I intentionally choose to have my children attend public school because I prefer an educational environment without any religious affiliation. In a diverse public school environment, all students should be treated with equal respect, regardless of their religious beliefs, or lack thereof.”“The U.S. Supreme Court has rejected this kind of government-imposed religion before, and it should do so again,” said Chloe Kempf (she/her), staff attorney at the ACLU of Texas. “Having these posters in Texas classrooms puts students at risk of bullying, stigmatization, and religious coercion. Our nation’s bedrock principle of separating church and state means that families and faith communities — not politicians — get to decide what role religion plays in children’s lives. Texas students deserve public schools that welcome them for who they are, respect their religious or nonreligious backgrounds, and give them the high-quality education they need to build their futures.”“Fifty years ago, the ACLU won a Supreme Court victory against a nearly identical Kentucky law — and we aim to do it again,” said Cecillia Wang (she/her), national legal director of the ACLU. “In our country, no legislature can force its preferred scripture on public school students and families.”“Families – not politicians or public school officials – get to decide how, if, and when children engage with religion,” said Rachel Laser (she/her), president and CEO of Americans United.
Civil rights advocates have asked the U.S. Supreme Court to review a Texas law requiring the state’s public schools to display the Ten Commandments