Overview:
Texas has joined Louisiana and Arkansas in passing laws requiring the Ten Commandments to be displayed in every public school classroom, sparking lawsuits that highlight both ongoing legal battles over church-state separation and educators’ acts of resistance against coordinated efforts to erode civil liberties.
The erosion of civil liberties in service to the establishment of a Christofascist theocracy continues apace in the South, as Texas joins Louisiana and Arkansas in mandating that every K-12 public education classroom display a copy of the Ten Commandments. Texas Senate Bill 10, passed by the Texas legislature in late May, requires all public and secondary schools to display the Ten Commandments in every classroom. While districts are not obligated to actually purchase copies, they are required to accept and display any privately donated posters or other copies.
That three states would pass nearly identical legislation in just two years underscores how coordinated these efforts have become. While this wave of religious legislation may feel tailor-made for our current political climate, in fact, it is history repeating itself. In 1980, the US Supreme Court had to strike down a nearly identical Kentucky statute. Given that clear precedent already exists, it might seem surprising to see such measures resurface – until you remember this is America in 2025. The Supreme Court’s recent conservative shakeup has emboldened religious-right activists to press the issue again.
Given the clear legal precedent and the many crises competing for our attention, it’s tempting to dismiss these lawsuits as mere legal theater. Lawsuits challenging the legislation were quickly filed, and federal courts deemed the measures “plainly unconstitutional”. Although the attorneys general in all three states protested and appealed, the lower court rulings still serve as injunctions, preventing the laws from taking effect. Educators might roll their eyes at yet another clickbait outrage, assuming they can continue on as usual . Yet as Texas teachers discovered at the start of this school year, their position remains uncertain and precarious.
In Arkansas and Louisiana, lawsuits challenging the legislation named the state and its officials as defendants, so the resulting injunction applies statewide. In Texas, however, the suit was filed on behalf of multifaith and nonreligious families and targeted only the eleven districts where their children attend school. As a result, the court’s injunction only applies to the eleven districts impacted by the lawsuit.
This approach was a strategic choice made in response to a recent Supreme Court decision to limit “universal” injunctions. By limiting the scope, this injunction avoids potential challenges that the court overstepped its authority and makes it harder to overturn on appeal. Given the current conservative administration and recent changes to the Supreme Court, it can no longer be assumed that the current Supreme Court will uphold the rulings of its predecessors.
While this approach may be an effective one in the long run, its immediate effect is that only eleven districts are currently protected. The rest of Texas’s nearly 1200 districts, including most of its largest ones, remain bound by the law – a point Texas Attorney General Ken Paxton made clear earlier this month. In a belligerent August 25 statement, Paxton vowed that “woke radicals” would be defeated and warned that “schools not enjoined by ongoing litigation must abide by S.B. 10 and display the Ten Commandments.”
Compliance with the “new normal” varies across the state, with some teachers more directly affected than others. Because the posters must be donated to your school, where you live, once again, determines access to freedom. Those impacted have turned to social media to share their experiences and seek advice and support. Many found solidarity in posting examples of clever, yet malicious, compliance – such as displaying the Ten Commandments alongside the First Amendment or a Pride Flag. Others suggested using it as a “teaching opportunity” for comparative religion or the legal reasons the display has been declared unconstitutional.
Acts of defiance such as these are potent reminders that teachers are powerful. Our potential to stand against systemic abuses, such as these, through the education of our next generation is why they are so committed to targeting and undermining our profession and the institutions themselves. It is our grit, resilience, and determination in the face of ongoing abuses that will, ultimately, save us.
As enemies of the state continue their coordinated action against our fundamental democracy, it becomes even more vital that we organize and coordinate right back. Beyond these powerful classroom protests, educators must join in collective action. The ACLU continues to file lawsuits and can provide legal guidance, as well as connect you with ongoing efforts. In Texas, particularly, school district-level lawsuits must be filed, and plaintiffs must be supported. It is our responsibility – as educators and as citizens – that public schools remain places of freedom and learning, rather than centers of forced indoctrination.
Sarah Underbrink has taught in classrooms and worked as an instructional coach for almost twenty years in educational settings ranging from alternative schools to 5A high schools to elementary schools. A great principal once told her the only decision that matters in education is doing what’s best for kids, and she’s held that value in her heart ever since. Currently, she lives in Colorado, raising two young boys, and is still trying to do work that matters.
