Legislature may require a version of it (there are at least three) in all public school classrooms in the state.
The relevant legislation is SB 1515.
Over recent decades, the United States Supreme Court has argued that religious displays in public places - especially places that receive public funds - violates the Establishment Clause in the First Amendment of the U.S. Constitution, which applies to the Texas government through the 14th Amendment.
Here is the authors intent:
S.B. 1515 would require Texas public elementary and secondary schools to display the Ten Commandments in each classroom. At present, Texas public schools have no such requirement, and this legislation only became legally feasible with the United States Supreme Court's opinion last year in Kennedy v. Bremerton School District, 142 S. Ct. 2407 (2022), which overturned the Lemon test under the Establishment Clause (found in Lemon v. Kurtzman, 403 U.S. 602 (1971)) and instead provided a test of whether a governmental display of religious content comports with America's history and tradition.
Stone v. Graham, 449 U.S. 39 (1980), had held that the Lemon test prohibited public schools' display of the Ten Commandments; but, with the end of Lemon, Stone v. Graham that is no longer applicable. Many public schools prior to Stone v. Graham did display the Ten Commandments, as a part of America's history and tradition. See American Legion v. American Humanist Association, 139 S. Ct. 2067, 2083 (2019) (noting that the Fraternal Order of the Eagles used to distribute copies of the Ten Commandments to school groups).
Religious liberty was a bedrock of America's founding. For the last several decades, expression of that liberty has been restricted. However, thanks to this recent SCOTUS opinion, those restrictions have been lifted. S.B. 1515 restores those liberties that were lost, and reminds students all across Texas of the importance of a fundamental foundation of American and Texas law—the Ten Commandments.
As proposed, S.B. 1515 amends current law relating to the display of the Ten Commandments in public schools.
For more on the background:
- Establishment Clause:
- Stone v. Graham:
- Lemon v. Kurtzman:
- The Lemon Test:
- Kennedy v. Bremerton School District:
