Texas judge temporarily blocks law requiring Ten Commandments in schools

Houston Chronicle/Hearst/Getty Images via CNN Newsource

By Michelle Watson

(CNN) — The American Civil Liberties Union of Texas is calling a federal judge’s order a “win for religious freedom” after Judge Orlando L. Garcia issued a preliminary injunction requiring certain Texas public school districts to remove displays of the Ten Commandments.

The order comes in response to a lawsuit challenging the constitutionality of a state law that requires public schools in Texas to post the Ten Commandments — a move that has sparked ongoing legal battles.

It is the latest victory in a series of legal challenges to laws requiring public schools to display the Ten Commandments. Arkansas and Louisiana have similar laws, and court challenges to those measures have also resulted in favorable rulings. Legal experts have said it’s likely the cases will eventually reach the US Supreme Court.

The Texas law, signed by Republican Gov. Greg Abbott in June, is being challenged by families who argue it violates the Establishment Clause of the First Amendment.

The families come from a variety of religious backgrounds including agnostic, atheist, Jewish, Christian, Hindu and Baha’i, Garcia wrote in the ruling.

“They share one thing in common,” he wrote. “Plaintiffs do not wish their children to be pressured, to observe venerate, or adopt the religious doctrine contained in the Ten Commandments.”

Garcia wrote it was “impractical, if not impossible to prevent Plaintiffs from being subjected to unwelcome religious displays” if the law were enforced.

Daniel Mach, director of the ACLU Program on Freedom of Religion and Belief, called the order a “victory.”

“Once again, a federal court has recognized that the Constitution bars public schools from forcing religious scripture on students,” Mach said.

Tuesday’s restraining order is temporary, and further court proceedings will determine the law’s fate.

Texas Attorney General Ken Paxton, whose office is defending the law in the case, had previously said he would appeal similar decisions. He announced Tuesday he filed suit against two school districts and the members of their Boards of Trustees for refusing to comply with the state law.

The school districts “blatantly disregarded the will of Texas voters who expect the legal and moral heritage of our state to be displayed in accordance with the law,” he said in a statement.

“No district may ignore Texas law without consequence,” Paxton said.

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