A federal judge in San Antonio on Wednesday issued a preliminary injunction blocking Texas from enforcing Senate Bill 10, a new law that would have required every public school classroom to display a state-approved version of the Ten Commandments by 1 September. U.S. District Judge Fred Biery wrote that the measure is likely unconstitutional because it “crosses the line from exposure to coercion” and favors one religious tradition over others. The 55-page order halts implementation of the statute for 11 school districts in the San Antonio, Austin and Houston areas that were sued by 16 families of Christian, Jewish, Hindu, Unitarian Universalist and non-religious backgrounds. Plaintiffs argued the mandate would pressure students to adopt state-endorsed scripture, violating the First Amendment’s establishment clause and burdening parents’ right to direct their children’s religious upbringing. SB 10, signed by Governor Greg Abbott in June, would have compelled schools to post a 16-by-20-inch copy of the Protestant version of the Ten Commandments in a “conspicuous” location and allowed districts to accept donated posters or use public funds to buy them. Although the displays would not be formally taught, Biery said teachers would inevitably face questions from a captive audience of students, creating unconstitutional religious entanglement. Texas Attorney General Ken Paxton said he will appeal, asserting that the Ten Commandments are a cornerstone of the state’s moral and legal heritage. Civil-liberties groups representing the plaintiffs, including the ACLU of Texas and Americans United for Separation of Church and State, welcomed the decision as a safeguard of religious freedom in public schools. Texas is the third state to see such legislation blocked; federal courts have already halted similar mandates in Louisiana and Arkansas. Legal experts expect the widening dispute over in-school religious displays to advance toward the U.S. Supreme Court, which last ruled on classroom Ten Commandments displays in the 1980 case Stone v. Graham.
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