Bill mandating a copy of the Ten Commandments in every Texas public school classroom fails, when Texas House does not vote on it

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A hotly contested bill requiring public schools to display the Ten Commandments in all Texas public school classrooms failed, when the state’s house of representatives did not vote on it before a crucial deadline. Previously, the bill had passed in the state senate. Proponents argued it was constitutional because of Kennedy v. Bremerton School District, a 2022 Supreme Court decision that overturned decades-old precedent that established a constitutional test for religious activities in public places.

Key Player

State Sen. Phil King (R) authored Senate Bill (SB) 1515, and introduced it in March 2023. The bill, if passed by both houses of the state legislature and signed into law by the governor, would require Texas public elementary and secondary schools to display a copy of the Ten Commandments in every classroom. 

Further Details

The bill mandated schools to display a copy of the Ten Commandments in a “conspicuous place” in each classroom. Copies were to be at least 16 inches wide and 20 inches tall, and schools would have had to accept any donated copies that met the size requirements. The bill also ordered schools with extra copies to donate them to other schools, instead of throwing them away, Time reported.

In a committee hearing on the legislation, King stated that the precedent of the Kennedy case cleared the way for SB 1515, The Texas Tribune reported. 

In the Kennedy case, the Supreme Court held that a former high school football coach’s on-field prayer was protected speech. The ruling, which was handed down in June 2022, also threw out the so-called Lemon Test, a means for determining whether public affirmations of religious beliefs are permissible under the First Amendment separation of church and state. The test, first established in Lemon v. Kurtzman in 1971, used three separate prongs to determine whether the Establishment Clause of the First Amendment, which prohibits the establishment of religion by the government, had been violated – whether an action by the government has a secular, nonreligious purpose; advances or inhibits a religion; and promotes any extreme entanglement with religion on the government’s part. 

In 1980, the Supreme Court used the Lemon Test in Stone v. Graham to determine that the display of the Ten Commandments in public schools violated the Establishment Clause. However, with the court’s decision in the Kennedy case, that precedent is no longer binding. 

King maintained that SB 1515 had become “legally feasible.” He also supported the legality of his bill by referencing another recent Supreme Court case, American Legion v. American Humanist Association, which found that a 40-foot cross displayed in a veteran’s memorial park did not violate the Establishment Clause.

The legislation, King argued, restored “religious liberty” that had previously been restricted by the Lemon Test and subsequent legal precedent. In a committee hearing, he argued that the Ten Commandments were part of American heritage and should be brought back into the classroom, The Texas Tribune reported. He also said the bill would “remind students all across Texas of the importance of the fundamental foundation of America.”

Outcome

Bill advances through Texas Senate, accompanied by other legislation on ‘religious liberty’

The bill was approved by the Texas Senate by a vote of 17-12, along party lines, with all but two absent Republicans voting to send the bill to the Texas House of Representatives. 

The senate also voted to approve Senate Bill 1396, which allows for public and charter schools to “provide students with an opportunity to participate in a period of prayer and reading of the Bible or other religious text.” 

That bill did not require that schools adopt this policy. The governing body of the public or charter school would have to vote to adopt the policy before a period of “prayer time” could be instituted. Additionally, if a student wished to participate in the allotted prayer time, they would have to submit a signed form confirming their “free choice” to participate and waive “any constitutional claims” they might “assert against the school district or school officials.”

A third bill, Senate Bill 763, would allow school districts to employ chaplains or clergy members as school counselors, Time reported. That bill also passed the Texas Senate.

‘Religious liberty’ bills receive support from lieutenant governor, condemnation from ACLU and others

Lt. Gov. Dan Patrick (R) hailed both SB 1515 and SB 1396 as wins for religious freedom, saying, “allowing the Ten Commandments and prayer back into our public schools is one step we can take to make sure all Texans have the right to freely express their sincerely held religious beliefs.” 

Patrick also said that bringing the Ten Commandments and prayer back into public schools would enable students to become “better Texans.” 

Mary Elizabeth Castle, director of government relations for Texas Values, a Christian group that promotes “biblical, Judeo-Christian values” in public education, said the Ten Commandments are “a foundation for our laws in our society,” adding that it was a “very good thing that we’re having these things posted in our public school classrooms.”

The bills received criticism from those who view them as infringements on the separation of church and state, as well as violations of the Establishment Clause. 

The American Civil Liberties Union (ACLU) of Texas tweeted that parents should decide what religious texts and influences their children learn, not the Texas state legislature. “Yet, some Texas lawmakers want to do exactly that – by forcing public schools to display the Ten Commandments or set aside Bible reading times,” the ACLU stated. 

Democratic members of the Texas legislature have signaled their opposition to the bill, including Rep. James Talarico (D-Austin), who described SB 1515 as “un-American” and “un-Christian,” the Austin American-Statesman reported. Talarico, a former public school teacher and a Christian, sits on the House Public Education Committee.

Sheri Allen, a Jewish cantor at Fort Worth’s Makom Shelanu Congregation, told The Dallas Morning News that the bills could negatively affect non-Christian children. 

“It’s telling a kid, ‘My version of what my religion looks like is better than yours. It’s endorsed by schools, which makes yours inferior,’” she said. “It shifts this balance of respect and equality and equity, making one religion dominant over others. It’s not supposed to be the way this country works.”

SB 1515 & 1396 falters

Ulitimately, SB 1515 failed to get voted upon by the Texas House. 

After passing the senate, the bill remained pending until the Tuesday night deadline on May 23, the final day for the house to approve bills before the session concluded the following Monday. 

“This bill was an unconstitutional attack on our core liberties, and we are happy it failed,” stated David Donatti, a lawyer with the American Civil Liberties Union of Texas. “The First Amendment guarantees families and faith communities — not politicians or the government — the right to instill religious beliefs in their children.”

SB 1396 missed the deadline as well. 

Texas governor signs SB 736

On June 18, after SB 736 passed the Texas House, Gov. Greg Abbott (R) signed the bill into law, allowing school districts to employ chaplains or clergy members as school counselors. The law is scheduled to go into effect on Sept. 1, 2023.