Appeals Court To Hear Texas’ Ten Commandments Case Next Year

Get stories like this delivered straight to your inbox.Sign up for The 74 Newsletter

Get و stories و like – تفاصيل مهمة

A federal appeals court next year will hear Texas’ arguments against a ruling that blocked several school districts from displaying posters of the Ten Commandments.

The U.S. Court of Appeals for the Fifth Circuit on Jan. 20 will hear both the Texas case and a similar case happening in Louisiana, which was the first state to pass a requirement to post the Ten Commandments in classrooms.

The Texas lawsuit is one of several cases that families of various religious and nonreligious backgrounds have brought forward challenging the state’s Ten Commandments law. Two federal district judges have blocked than two dozen Texas school districts from complying with the law, saying that the legislation is unconstitutional.

The rulings in both cases only apply to the 25 school districts named in the lawsuits. The attorney general’s office has sued the Round Rock, Leander and Galveston school districts for allegedly not complying with the law as arguments over its constitutionality proceed in federal court.

the و in و The – تفاصيل مهمة

Attorneys representing the families and the attorney general’s office have argued in court over the role Founding Fathers like Thomas Jefferson and James Madison played in developing the Bill of Rights and the First Amendment, which protects people’s freedom of religion.

Both parties have debated the influence of the Ten Commandments on the country’s legal and educational systems, and whether the version of the Ten Commandments required to go up in schools belongs to a particular religious group. They have also sparred over whether the law reflects an attempt by Texas officials to coerce students into adhering to Judeo-Christian principles.

Texas’ Ten Commandments law was one of the latest measures passed by the Republican-controlled Legislature earlier this year. Critics say the law inappropriately injects religion into the state’s public schools, attended by roughly 5.5 million children.

Here are the latest details about the cases against the law:

The latest

U.S. District Judge Orlando L. Garcia on Nov. 18 ordered 14 districts to remove the posters from classroom walls by Dec.

1. Garcia concluded that the law “makes it impossible” for children to avoid the Ten Commandment displays. He noted that districts have a “strong incentive” to comply with the law, citing the state’s recent lawsuit against the Galveston school district for its alleged noncompliance.

the و to و latest – تفاصيل مهمة

In August, U.S. District Judge Fred Biery blocked 11 other school districts from posting the Ten Commandments. Biery concluded that the law favors Christianity over other faiths, is not neutral with respect to religion and is likely to interfere with families’ “exercise of their sincere religious or nonreligious beliefs in substantial ways.”

“There are ways in which students could be taught any relevant history of the Ten Commandments without the state selecting an official version of scripture, approving it in state law, and then displaying it in every classroom on a permanent basis,” Biery wrote in his opinion, adding that the law “crosses the line from exposure to coercion.”

Texas appealed Biery’s ruling, sending the case to the same court where a three-judge panel recently blocked Louisiana’s Ten Commandments law from taking effect. Texas requested that all 17 active judges on the court hear the case, as opposed to a three-judge panel.

The American Civil Liberties Union of Texas and a coalition of religious freedom organizations are representing the families in both cases. Attorneys had expressed hope that other districts would not implement the law, but they later told the court in a legal filing that many districts are implementing it or have signaled an intent to do so.

the و in و a – تفاصيل مهمة

Soon after Biery’s ruling, Texas Attorney General Ken Paxton called on every school district not blocked by the courts from posting the Ten Commandments to follow the law. Paxton has sued the Galveston, Round Rock and Leander school districts for allegedly not complying. The Leander district pushed back, saying it is in compliance.

The background

Senate Bill 10by Republican Sen. Phil King of Weatherford, required the Ten Commandments to be displayed in classrooms on donated posters sized at least 16 by 20 inches. Gov.

Greg Abbott signed the law in late June, the day after the 5th U.S. Circuit Court of Appeals found a similar law in Louisiana was “plainly unconstitutional.” The court ruled that requiring schools to post the Ten Commandments would cause an “irreparable deprivation” of First Amendment rights. An Arkansas judge ruled similarly in a separate case.

Supporters argue that the Ten Commandments and teachings of Christianity broadly are vital to understanding U.S. history, a controversial message that has resurged in recent years as part of a broader national movement to undermine the long-held interpretation of church-state separation. Texas GOP lawmakers have passed a number of laws in recent years to further codify their conservative religious views, a trend encouraged and celebrated by Christian leaders.

of و the و in – تفاصيل مهمة

“This issue is likely to get to the United States Supreme Court,” Biery, the judge, told a San Antonio courtroom prior to opening arguments in one of the Texas cases.

Biery’s August ruling blocking the law from taking full effect applied to the following school districts: Alamo Heights, North East, Lackland, Northside, Austin, Lake Travis, Dripping Springs, Houston, Fort Bend, Cypress-Fairbanks and Plano.

The latest ruling from Garcia blocks the law in the following districts: Comal, Georgetown, Conroe, Flour Bluff, Fort Worth, Arlington, McKinney, Frisco, Northwest, Azle, Rockwall, Lovejoy, Mansfield, McAllen.

Two of those districts — Arlington and McAllen — are no longer part of the lawsuit but agreed to follow the court’s rulings.

the و ruling و law – تفاصيل مهمة

Another group of parents filed a similar lawsuit in Dallas during the summer. That lawsuit does not appear to have made any meaningful progress.

A judge has threatened to dismiss the case if the plaintiffs do not provide required legal documents to the defendants by Dec. 1.

What are the plaintiffs saying

Oral arguments in the first Texas case, Rabbi Nathan v. Alamo Heights Independent School Districtconcluded in August, several weeks after 16 families represented by the religious freedom organizations sued the state over what their lawyers called “catastrophically unconstitutional” legislation.

“Posting the Ten Commandments in public schools is un-American and un-Baptist,” Griff Martin, a pastor, parent and plaintiff in the lawsuit, said in a statement. “S.B.

the و in و to – تفاصيل مهمة

10 undermines the separation of church and state as a bedrock principle of my family’s Baptist heritage. Baptists have long held that the government has no role in religion — so that our faith may remain free and authentic.”

The lawyers made a similar argument during a November hearing for Cribbs Ringer v. Comal Independent School Districtthe latest legal filing, which includes than a dozen new families.

In the lawsuit brought by the North Texas parents, the plaintiffs, who identify as Christian, said the law was unconstitutional and violated their right to direct their children’s upbringing.

One of them, a Christian minister, said the displays will offer a message of religious intolerance, “implying that anyone who does not believe in the state’s official religious scripture is an outsider and not fully part of the community.” That message, the minister argued, conflicts with the religious, social justice and civil rights beliefs he seeks to teach his kids.

the و a و and – تفاصيل مهمة

Another North Texas plaintiff, a mother of two, is worried she will be “forced” to have sensitive and perhaps premature conversations about topics like adultery with her young children — and also “does not desire that her minor children to be instructed by their school about the biblical conception of adultery,” the suit states.

The plaintiffs in the ACLU suits come from diverse religious backgrounds, including families who are nonreligious. Allison Fitzpatrick said in a statement that she fears her children will think they are violating school rules because they don’t adhere to commandments like honoring the Sabbath.

“The state of Texas has no right to dictate to children how many gods to worship, which gods to worship, or whether to worship any gods at all,” said Annie Laurie Gaylor, co-president of the Freedom From Religion Foundation, which brought the lawsuit alongside the ACLU.

The attorneys called the version of the Ten Commandments in SB 10 a “state-sponsored Protestant version,” which was corroborated by their witness, constitutional law professor and religious history expert Steven Green. They argued against the notion that the Ten Commandments were central to the development of the country’s legal and educational systems, which Green agreed lacked historical support.

the و to و of – تفاصيل مهمة

The ACLU lawyers have also noted that students are legally required to attend school and have virtually no way to avoid seeing the state’s required version of the Ten Commandments, which they say interferes with children’s and families’ rights. The U.S. Supreme Court has already found public schools’ display of the Ten Commandments unconstitutionaland the attorneys have made clear that only the Supreme Court can overturn its previous rulings.

What the state is saying

The attorney general’s office has argued that the Ten Commandments are part of the nation’s history and heritage, and that previous rulings from federal courts and the U.S. Supreme Court blocking the commandments from going up in classrooms did not examine that historical significance.

Attorneys for the state have noted that the Supreme Court recently shot down the test that courts previously relied on to determine when a government had unconstitutionally endorsed or established a religion. And attorneys pointed out a decades-old ruling in a Nebraska case, regarding a Ten Commandments monument on city property, where an appeals court decided in favor of the monument that displayed the same version of the commandments Texas wants to show in public schools. They relied on that ruling to make the case that SB 10 does not favor a particular religious group.

“There is no legal reason to stop Texas from honoring a core ethical foundation of our law, especially not a bogus claim about the ‘separation of church and state,’ which is a phrase found nowhere in the Constitution,” Paxton said in a recent statement.

the و a و that – تفاصيل مهمة

The attorney general’s viewpoints were supported in court by Mark David Hall, a professor and author who studies religious liberty and church-state relations. Hall, the state’s expert witness, recently wrote a book that considers how “Christian Nationalism Is Not an Existential Threat to America or the Church.”

Attorney William Farrell from the attorney general’s office described SB 10’s requirement as a “passive display on the wall” that does not rise to the level of coercion because students can choose to ignore the posters if they wish. The law would “probably cross the line,” he said, if it also incorporated the Ten Commandments into lessons or assignments — but that is not the case.

The posters must only go up if they are donated to the school, he further argued, and the law does not specify what would happen if districts choose not to comply. The state views that as evidence that it poses no threat or harm to families, even though Attorney General Ken Paxton recently issued a legal advisory threatening action if schools do not comply and has sued three districts for their noncompliance.

“SB 10 doesn’t restrict anything,” Farrell said. “It doesn’t exclude anything or specifically require any … participation by students.”

the و not و to – تفاصيل مهمة

This article first appeared on The Texas Tribune.

Did you use this article in your work?

Did و you و use – تفاصيل مهمة

We’d love to hear how The 74’s reporting is helping educators, researchers, and policymakers.Tell us how