On Aug. 20, a federal judge in San Antonio issued a preliminary injunction halting implementation of SB 10, the Ten Commandments law, in 11 school districts where a lawsuit is pending:
The plaintiffs included people from the Christian, Jewish, Hindu and Unitarian faiths as well as those who do not identify as religious. Their argument was primarily that the law is unconstitutional because it violates the Establishment Clause of the First Amendment. The judge agreed and issued an injunction halting those districts from implementing the law, but the state will almost certainly appeal the decision to the U.S. Fifth Circuit Court of Appeals.
The ruling also does not apply to districts cited in a separate lawsuit filed in Dallas.
A similar law in Louisiana was struck down by the Fifth Circuit in a unanimous decision in late June. Given the similarity between the laws, the Fifth Circuit may decline to take up the Texas case, and even if they do, it may face the same fate.
TCTA will keep you updated on the latest as SB 10 makes its way through the courts. Members with questions about how SB 10 is being implemented in your school district should call the TCTA Legal Department at 888-879-8282 to discuss it with a staff attorney.
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