The ACLU petitioned the U.S. Supreme Court on Aug. 17 to review a Fifth Circuit decision upholding Texas’ Senate Bill 10, which requires Ten Commandments posters in public school classrooms. The high court may issue a landmark ruling that reshapes the legal landscape for government‑religion interactions.
ACLU Challenges Texas Ten Commandments Law
The Fifth Circuit’s 9‑8 ruling in Nathan v. Alamo Heights Independent School District cleared the way for the law to take effect, saying the display complies with the First Amendment. The court emphasized that the requirement does not dictate belief, punish dissent, fund clergy, or impose civic duties.
The decision overturns the 1980 precedent Stone v. Graham, which had struck down a nearly identical classroom display. The Fifth Circuit said the Texas statute therefore stands on firmer constitutional ground.
A federal district court had temporarily blocked the law, ruling it likely violated the establishment and free exercise clauses and would coerce students. The judge also said the posters infringed on parents’ rights to guide their children’s religious upbringing.
The lawsuit was brought by a coalition of Christian, Jewish, Hindu, Baha’i, Unitarian Universalist and nonreligious families. They argue the statute forces religion on captive students and misinterprets Supreme Court precedent.
ACLU staff attorney Chloe Kempf warned that classroom posters risk bullying, stigmatization and religious coercion. She said the Constitution’s separation of church and state leaves the decision to families and faith communities, not politicians.
Texas Attorney General Ken Paxton praised the Fifth Circuit ruling in April, calling it a major victory for Texas moral values. He pledged to defend SB 10 and keep the Ten Commandments displayed in classrooms across the state.
The Supreme Court has not set a hearing date for the petition. Legal observers expect the justices to act promptly on the request for review.
