HOUSTON — Three Houston-area parents are trying a new legal strategy to force the removal of posters with the Ten Commandments from public school classrooms.
The posters have already survived legal scrutiny under the Establishment Clause, but these parents are relying on a Texas law that prohibits the state from substantially burdening a person’s free exercise of religion.
“So here, we have a number of parents that have filed this lawsuit saying that this Ten Commandments bill is preventing them from freely engaging in their religious beliefs,” said Brian Owsley, a University of North Texas at Dallas College of Law professor.
The lead plaintiff in the case, Emily Roth, doesn’t raise her kids in a religious household and doesn’t think school is the place for her kids to learn about the subject.
“The harm is when she sees the poster and thinks she needs to edit herself and change parts of herself and her family’s beliefs to fit in that room,” said Roth.
Supporters of the law say the posters serve a historical purpose.
“The Legislature acted well within their authority, in recognizing what’s a historic role for the Ten Commandments and that the foundation that the Ten Commandments has played in shaping western law and in our American government as we know it today,” said Jonathan Covey, the director of policy at Texas Values.
Without more context around the posters, Roth finds them harmful.
“Teachers aren’t even allowed to say anything about it. They just have to tell kids to go talk to their parents about it. So like, why is it there?” questioned Roth.
As plaintiffs await their first hearing Friday, state senators are studying the current state of religious liberty in Texas.
Lt. Gov. Dan Patrick, who chaired Trump’s Religious Liberty Commission, created the Texas Senate Select Committee on Religious Liberty in March to “educate Texans on their religious liberty rights and to make sure Texans do not have those rights infringed upon.”
In his latest round of interim charges, Patrick directed senators to ensure, “Texans have the right to practice their religion, free from discrimination or government interference.”
Covey says Texans may practice their religion, even with Ten Commandments posters up.
“Displaying a historical document doesn’t mean that the government is commanding students to adopt beliefs any more than reading the Declaration of Independence,” said Covey. “It’s not requiring the students to agree with every philosophical claim.”
But one legal expert thinks looking into religious liberty could create problems.
“To the extent that you’re going to have a robust Free Exercise Clause, people are going to assert that some of this government action is impinging on their ability to engage in their religious beliefs,” said Owsley.
Plaintiffs hope the posters will be taken down in their school districts before school starts next week.