Texas Gov. Greg Abbott signed the law on a bill passed earlier this month by the state legislature. Meanwhile, the federal court of appeals declared similar Louisiana laws unconstitutional.
Abbott announced that he signed the bill on Saturday. Texas will become the largest state to enact such laws.
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The bill, known as SB10, is sponsored by state Sen. Phil King (R-Weatherford), and requires that all classrooms be visually displayed with at least 16 x 20 inch posters with a specific version of the 10 commandments. Posters cannot contain text in any language other than the language laid out in the bill, and cannot display other similar posters.
“It is an obligation for us all to follow God’s law, and if we do it, we all think we’re better,” Rep. Candy Noble (R-Lucas) said during the House vote.
“Posting 10 commandments and national mottos on the walls of the school buildings is a great way to remind students of the fundamentals of American and Texas law, and in line with what the U.S. Supreme Court said about prayer to school administrators, it should be clear that prayers for school administrators and teachers are entirely constitutional.
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Critics argue that the bill violates the First Amendment establishment provisions and prohibits the federal government from creating a religion for the nation.
The ACLU’s national and state chapters announced plans in May to challenge laws requiring Americans to unite for the separation of religion foundations from churches, states and freedoms, and schools to post the Ten Commandments.
“SB 10 is blatantly unconstitutional. We will work with families in Texas public schools to prepare a lawsuit to block students and parents’ first amendments rights,” the ACLU wrote, calling it “religiously compulsory.”
Supporters of the bill argue that a U.S. Supreme Court decision, including Kennedy v. Bremerton School District, will allow SB 10 to be held in court.
“For 200 years, the 10 Commandments were exhibited in public buildings and classrooms across America,” King wrote in his analysis of the bill. “The court provided a test to consider whether a government display of religious content embodies American history and traditions. Now, as the legal situation has changed, it is time for Texas to pass SB 10 and restore the history and traditions of our country and our nation’s Ten Commandments.”
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Meanwhile, ACLU staff lawyer Chloe Kempf broke similar Kentucky laws. It argues that the US Supreme Court decision at Graham is still in place.
“The Supreme Court has never dismissed it. In fact, in recent years, including in Kennedy’s case, the Supreme Court has declared that there are special constitutional concerns when instructing students in schools with religious messages,” KEMPF told KXAN-TV. “The Kennedy case has absolutely nothing to do with the bill that requires schools to post religious texts.”
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