Texas AG Tells School Districts That Were Not Enjoined to Comply with Statute Ordering Posting of 10 Commandments In Classrooms

As previously reported, on August 20 a Texas federal district court issued a preliminary injunction barring 11 Texas school districts from complying with Texas SB 10 that requires posting of a particular version of the Ten Commandments in every classroom. Yesterday, Texas Attorney General Ken Paxton in a press release (full text) directed the school districts that were not defendants in the litigation to comply with SB 10. He said in part:

From the beginning, the Ten Commandments have been irrevocably intertwined with America’s legal, moral, and historical heritage. Schools not enjoined by ongoing litigation must abide by S.B. 10 and display the Ten Commandments. The woke radicals seeking to erase our nation’s history will be defeated. I will not back down from defending the virtues and values that built this country.

As reported by the Houston Chronicle, there is some confusion as to whether the Attorney General's instructions to comply include two major school districts-- Houston and Austin. On Aug. 19, the Austin District was dismissed as a defendant on the condition that it would be bound by any injunction issued in the case against the remaining defendants. (Full text of Order.) The Houston District, on its motion, was excused from participating in the hearing on the preliminary injunction. In a version of the Attorney General's press release posted on X and on Facebook, neither Austin nor Houston was listed among the districts that Paxton said were excused from complying with SB 10. However, in the version posted on the Attorney General's website, both Austin and Houston were listed as districts affected by the injunction and thus excused from compliance.

The Attorney General's instructions follow an Aug. 21 letter (full text) from the ACLU, Americans United and FFRF sent to superintendents in Texas districts that were not defendants in the lawsuit, saying in part:

Even though your district is not a party to the ongoing lawsuit, all school districts have an independent obligation to respect students’ and families’ constitutional rights. Because the U.S. Constitution supersedes state law, public-school officials may not comply with S.B. 10. 

The organizations threaten possible litigation against districts that comply with S.B. 10.

Court Enjoins Compliance with Texas Law Requiring Posting of 10 Commandments in Classrooms

In Nathan v. Alamo Heights Independent School District, (WD TX, Aug. 20, 2025), a Texas federal district court in an unusual 55-page opinion that defies brief summarization issued a preliminary injunction barring 11 Texas school districts from complying with Texas SB 10 that requires posting of a particular version of the Ten Commandments in every classroom. The court said in part:

... [T]o succeed on the merits under Kennedy, Plaintiffs must show that the practice at issue–permanently displaying the Ten Commandments in public school classrooms–does not “fit within” and is not “consistent with” a broader tradition existing at the time of the founding....

The Court heard from and is very appreciative of the testimony of Dr. Steven Green and Dr. Mark Hall, which was an extensive augmentation of the Court’s 20 years of Methodist Sunday School and theology, political philosophy and constitutional history courses at Texas Lutheran University.  The Court finds Dr. Green’s opinions concerning the intent of the Founders regarding the First Amendment to be more persuasive than Dr. Hall’s testimony....

The court's conclusionary section provides a flavor of the opinion:

Ultimately, in matters of conscience, faith, beliefs and the soul, most people are Garbo-esque. They just want to be left alone, neither proselytized nor ostracized, including what occurs to their children in government run schools.      

Even though the Ten Commandments would not be affirmatively taught, the captive audience of students likely would have questions, which teachers would feel compelled to answer.  That is what they do.  Teenage boys, being the curious hormonally driven creatures they are, might ask: “Mrs. Walker, I know about lying and I love my parents, but how do I do adultery?”  Truly an awkward moment for overworked and underpaid educators, who already have to deal with sex education issues, ... and a classic example of the law of unintended consequences in legislative edicts.

Notwithstanding the sausage making process of legislation, to avoid religious rancor and legal wrangling the Texas Legislature alternatively could require the posting of:

1. Multiple versions of lessons of behavior from many cultures melded into the American motto of “E pluribus unum,” a concept currently in decline.  For example, the Five Moral Precepts of Buddhism: abstain from killing, stealing, engaging in sexual misconduct, lying and intoxicants; or

2. Do unto others as you would have them do unto you.  Be kind.  Be respectful.; or

3.  All I Really Need to Know I Learned in Kindergarten: “Share everything.  Play Fair.Don’t hit people. . . . Clean up your own mess.  Don’t take things that aren’t yours.  Say you’re sorry when you hurt somebody. . . . Live a balanced life. . . . When you go out into the world, . . . hold hands, and stick together.” 

CBS News reports on the decision.

Court Enjoins Compliance with Arkansas Law Requiring Posting of 10 Commandments in All Classrooms

Earlier this year, Arkansas enacted Act 573 requiring display of the Ten Commandments in public school and college classrooms. In Stinson v. Fayetteville School District No. 1, (WD AR, Aug. 4, 2025), an Arkansas federal district court issued a preliminary injunction barring four school districts that are defendants in the case from complying with the new law.  The court said in part:

Forty-five years ago, the Supreme Court struck down a Ten Commandments law nearly identical to the one the Arkansas General Assembly passed earlier this year. That precedent remains binding on this Court and renders Arkansas Act 573 plainly unconstitutional. Why would Arkansas pass an obviously unconstitutional law? Most likely because the State is part of a coordinated strategy among several states to inject Christian religious doctrine into public-school classrooms. These states view the past decade of rulings by the Supreme Court on religious displays in public spaces as a signal that the Court would be open to revisiting its precedent on religious displays in the public school context. ...

Despite the Kennedy [v. Bremerton School District] Court’s rather sweeping announcement that the Lemon test had been “abandoned,” ..., there is no cause to believe that all Supreme Court precedent that relied on the Lemon test has been—or will be—overruled. The Kennedy opinion itself makes that crystal clear....

...  Act 573’s mandate is incompatible with the Founding Fathers’ conception of religious liberty. The Founders were deeply committed to the principle that government must not compel religious observance or endorse religious doctrine, and that commitment is reflected in multiple foundational texts....

The State has not established that burdening Plaintiffs’ Free Exercise rights “serve[s] a compelling interest and [is] narrowly tailored to that end.”... Even if the State were to meet its burden of showing a compelling interest, it would fail the “narrowly tailored” prong. There are many ways in which students could be taught the relevant history of the Ten Commandments without the State approving an official version of scripture and then displaying it to students in every classroom on a permanent, daily basis....

ACLU issued a press release announcing the decision. [Thanks to Thomas Rutledge for the lead.]

UPDATE: On Aug. 28., a Supplemental Complaint was filed adding an additional school district as a defendant. The court issued a temporary restraining order barring that district from complying with the statute, and giving it an opportunity to submit briefing on why the preliminary injunction should not be expanded to include it.

Another Suit Challenges Texas Law Mandating 10 Commandments in Every Classroom

Suit was filed yesterday in a Texas federal district court challenging the constitutionality of Senate Bill 10 which requires a copy of the Ten Commandments to be posted in every public-school classroom. The complaint (full text) in Nathan v. Alamo Heights Independent School District, (WD TX, filed 7/2/2025), alleges in part:

S.B. 10 is not neutral with respect to religion. By design, it expressly requires the display of religious scripture—the Ten Commandments—in every public-school classroom. It also requires that schools post a specific, state-approved version of that scripture that is associated with certain Protestant faiths, taking sides on theological questions regarding the correct content and meaning of the Ten Commandments and enshrining in state law an official denominational preference....

As a result of the displays mandated by S.B. 10, students who do not subscribe to the state’s official version of the Ten Commandments or whose faith tenets and values are otherwise contradicted by the displays—including the minor-child Plaintiffs—will be pressured into religious observance, veneration, and adoption of this religious scripture....

Houston Public Media reports on the lawsuit. This is the second lawsuit that has been filed challenging the constitutionality of SB 10. (See prior posting.)

Texas Enacts Law Requiring Ten Commandments In Every Classroom

The Texas legislature has passed, and on June 20 Governor Gregg Abbott signed, SB10 (full text) which requires that:

a public elementary or secondary school shall display in a conspicuous place in each classroom of the school adurable poster or framed copy of the Ten Commandments...

The law requires that a poster or framed copy at least 16x20 in size include only the text of the Ten Commandments set out in the law. It must be posted "in a size and typeface that is legible to a person with average vision from anywhere in the classroom...."

Texas Tribune reports on the new law. A similar Louisiana law was just found to be unconstitutional by the U.S. 5th Circuit Court of Appeals which also has jurisdiction over Texas. (See prior posting.)

5th Circuit Upholds Preliminary Injunction Against Louisiana's 10 Commandments In Classrooms Law

In Roake v. Brumley, (5th Cir., June 20, 2025), the U.S. 5th Circuit Court of Appeals affirmed a district court's grant of a preliminary injunction against enforcement of a Louisiana statute that requires public schools to display the Ten Commandments in every classroom. In a lengty opinion the appellate court found that plaintiffs had standing to challenge the statute and that plaintiffs had shown a substantial likelihood of succcess on the merits of their Establishment Clause claim.  The court said in part:

The precedents of the Supreme Court and this court establish that, in an Establishment Clause case, a plaintiff can generally satisfy the injury-infact element of standing when he experiences—or certainly will experience—unwanted exposure to government-sponsored religious displays or exercises in the course of his regular activities....

Although the Supreme Court set aside the Lemon test in Kennedy [v. Bremerton School District],...  Kennedy did not overrule Stone [v. Graham]. Kennedy does  not mention Stone or purport to overrule the decisions (other than Lemon) on which Stone relies, i.e., Schempp or Engel. Stone remains good law andtherefore controls....

An H.B. 71 display that meets the statute’s minimum requirements is materially identical to the displays challenged in Stone....

It is also unclear how H.B. 71 ensures that students in Louisiana public schools “understand and appreciate the foundational documents of [its] stateand  national government” when it makes displaying those “foundational” documents optional, and does not require that they also be printed in a large, easily readable font.... When the Ten Commandments must be posted prominently and legibly, while the other “contextual” materials need not be visible at all, the disparity lays bare the pretext....

... [T]he question before us is whether the permanent posting of the Ten Commandments in public school classrooms fits within, or is consistent with, a broader tradition of using the Ten Commandments in public education....

Plaintiffs presented the expert testimony of Dr. Steven Green, a religious and constitutional legal historian. Dr. Green testified that the public school system did not exist at the founding; rather, public education originated sometime around the late 1820s. Dr. Green also found no evidence that the Ten Commandments were permanently displayed in early American public schools. He testified that no state enacted a law allowing the display of the Ten Commandments in public schools until North Dakota did so in 1927, and that a court later stuck down the statute....

Judge Dennis filed a concurring opinion, saying in part:

I join the majority opinion in full. I write separately to offer two additional bases for affirming the district court’s judgment. First, the Plaintiffs have standing under settled Supreme Court precedents recognizing “offended observer” standing in Establishment Clause cases.... Second, Louisiana vastly overstates both the holding and reach of Kennedy v. Bremerton School District.... That decision did not undermine—much less overrule—Stone v. Graham.... Nor did it eliminate the component parts of Lemon v. Kurtzman....

Axios reports on the decision.

Texas Legislature Passes Bill to Require Ten Commandments in Every Classroom

The Texas legislature this week gave final approval to SB10 (full text) which requires public schools to post a copy of the Ten Commandments in every classroom. The bill sets out the language of the version of the Ten Commandments that must be used. Schools must accept privately donated posters or framed copies that meet the requirements of the Act and may also use school district funds to buy posters or copies. Three civil liberties groups yesterday announced that they will sue Texas to challenge the new law once it is signed by Governor Gregg Abbott.

Kentucky Legislature Orders Return of 10 Commandments Monument to State Capitol Grounds

Kentucky House Joint Resolution 15 (full text) became law without the Governor's signature on March 27.  The Resolution orders a "return for permanent display on the New State Capitol grounds the granite Ten Commandments monument given to the Commonwealth of Kentucky in 1971 by the Fraternal Order of Eagles." In 2002, the U.S. 6th Circuit Court of Appeals, rejecting a 2000 legislative resolution, held that placing of the monument back on statehouse grounds after it had been moved in a construction project would violate the Establishment Clause. The state's new Resolution states in part:

the legal precedent under which the 2000 joint legislative resolution’s mandate to return the monument to the New State Capitol grounds near the floral clock was enjoined, has been abandoned by the United States Supreme Court, and is no longer good law....

Christian Post reports on the Resolution.

5th Circuit Hears Arguments on Louisiana Requirement for Classroom Posting of Ten Commandments

Yesterday, the U.S. 5th Circuit Court of Appeals heard oral arguments in Roake v. Brumley. (Audio of full oral arguments.) In the case, a Louisiana federal district court held that Louisiana House Bill 71 that requires a copy of the Ten Commandments to be posted in every public-school classroom in the state is facially unconstitutional and unconstitutional in all applications. (See prior posting.) Courthouse News Service reports extensively on the oral arguments.

Louisiana AG Issues Guidance to Schools on Posting the Ten Commandments in Classrooms

Last week, Louisiana Attorney General Liz Murrill issued Guidance (full text) to public schools on implementing the state's new Ten Commandments Law that requires display of the Ten Commandments in each public-school classroom. The Guidance requires posting only if the displays themselves or funding for the displays are donated. The Guidance includes four separate thematic posters that pair the Ten Commandments with other pictures or texts.  The Attorney General says that these assure the constitutionality of the displays. Schools may choose any of the posters. The themes of the posters are The House of Representatives & the Lawgivers; The Supreme Court & the Lawgivers; Religion's Role in American Public Education; and The Supreme Court & the Religion Clauses of the Constitution. Reporting on the new Guidance, the Louisiana Illuminator points out that "The new law does not include any punishment for not posting the display in classrooms." A federal district court has enjoined five Parishes from implementing the new law. (See prior posting.) The state is appealing that decision to the Fifth Circuit. [Thanks to Scott Mange for the lead.]

Louisiana Federal Court Enjoins Enforcement of Law Requiring 10 Commandments in All Classrooms

In Roake v. Brumley, (MD LA, Nov. 12, 2024), a Louisiana federal district court in a 177-page opinion held that Louisiana House Bill 71 that requires a copy of the Ten Commandments to be posted in every public-school classroom in the state is facially unconstitutional and unconstitutional in all applications. The court, granting a preliminary injunction, said in part:

... [M]any Louisianians (like the Plaintiffs) (a) do not subscribe to the specific version of the Ten Commandments listed in the Act; (b) are not religious and do not agree with any version of the Decalogue; or (c) believe in other religions (such as Hinduism, Buddhism, and Taoism) that “generally do not consider the commandments to be part of their belief system.”... The Complaint also highlights that H.B. 71 requires a version of the Ten Commandments that many Protestants use and that this is inconsistent with versions recognized by Jews or Catholics.... H.B. 71 fails to select both historical documents generally and versions of the Ten Commandments in particular “without regard for belief,”..., and is thus discriminatory as a matter of law....

Plaintiffs have shown a real and substantial likelihood of coercion,.., particularly given the fact that, in the school context, coercion has been found where “the school has in every practical sense compelled attendance and participation in a religious exercise”...

In sum, Plaintiffs have sufficiently alleged that the Act violates the Establishment Clause because it does not fit within and is not consistent with a broader tradition in place at the time of the Founding or incorporation. Moreover, even if there were a broader tradition in play, the practice mandated by the Act would be inconsistent with that tradition because it is discriminatory and coercive....

... [T]he Court finds that Plaintiffs have established a viable Free Exercise claim. First, they have sufficiently alleged that the Act burdens their “sincere religious practice[s]” and beliefs.... Specifically, the Act is at odds with ... (a) Unitarian Universalist, agnostic, and atheist views about proselytizing and the Ten Commandments generally; (b) Reform Jewish tradition as to the particular content of this specific version of the Decalogue and the need to instruct about it in the context of that tradition; and (c) Presbyterian teachings on the display of the Ten Commandments by secular authorities.... 

Additionally, there is another sincerely held religious practice that the Act burdens. For over fifty years, the Supreme Court has recognized “traditional concepts of parental control over the religious upbringing and education of their minor children. . . .”

The Court also easily rejects AG Defendants’ argument that the Act is neutral. “Government fails to act neutrally when it proceeds in a manner intolerant of religious beliefs or restricts practices because of their religious nature.”...

Louisiana ACLU issued a press release announcing the decision.

Suit Challenges Louisiana's Law Requiring Posting of 10 Commandments in Public Schools

Suit was filed yesterday in a Louisiana federal district court by a group of parents (some of whom are clergy) on behalf of their minor children challenging Louisiana's recently enacted statute that requires the posting of the Ten Commandments in every public-school classroom. Contending that the law violates the Free Exercise and Establishment Clauses, the complaint (full text) in Roake v. Brumley, (MD LA, filed 6/24/2024) alleges in part:

Permanently posting the Ten Commandments in every Louisiana public-school classroom—rendering them unavoidable—unconstitutionally pressures students into religious observance, veneration, and adoption of the state’s favored religious scripture. It also sends the harmful and religiously divisive message that students who do not subscribe to the Ten Commandments—or, more precisely, to the specific version of the Ten Commandments that H.B. 71 requires schools to display—do not belong in their own school community and should refrain from expressing any faith practices or beliefs that are not aligned with the state’s religious preferences. And it substantially interferes with and burdens the right of parents to direct their children’s religious education and upbringing.  

...The state’s main interest in passing H.B. 71 was to impose religious beliefs on public-school children, regardless of the harm to students and families. The law’s primary sponsor and author, Representative Dodie Horton, proclaimed during debate over the bill that it “seeks to have a display of God’s law in the classroom for children to see what He says is right and what He says is wrong.”

The advocacy groups bringing the suit (ACLU, Americans United, FFRF) issued a press release announcing the filing of the suit.

Louisiana Governor Signs "Given Name Act", School Chaplaincy and 10 Commandments Bills

On Wednesday, Louisiana Governor Jeff Landry signed a package of 18 separate bills which the Governor's office described as " bills that will transform our education system and bring back common sense in our classrooms."  Among the bills were:

HB 121, the "Given Name Act" (full text). The new law prohibits any public or charter school policy "that provides for an inquiry of" the pronouns of a student or employee that are inconsistent with their biological sex, or "that provides for an inquiry of" their name that is not their legal name or a derivative of it. Teachers and other employees as well as other students may not be required to address a student by a name other than the student's legal name or a derivative of it, or to address a student using pronouns that are inconsistent with the person's biological sex. A parent may seek corrective action if a school employee refers to a student by other pronouns or by another name and may bring suit if corrective action is intentionally not taken. ADF issued a press release announcing the governor's signing of the bill.

HB 334 (full text) which permits public school boards to "employ or accept as a volunteer a certified chaplain to provide support, services, and programs for students, staff, and parents as assigned by a school board...." The new law also provides the chaplain with immunity from suit for actions or statements made under the program unless they were "maliciously, willfully, and deliberately intended to cause harm to harass or intimidate those seeking support, services and programs."

HB 71 that requires the posting of the Ten Commandments in every public school and college classroom. See this post for additional details.

Louisiana Legislature Requires Posting of 10 Commandments in Every Public School and College Classroom

The Louisiana legislature this week gave final passage to HB71 (full text) which requires all public schools to display the Ten Commandments in each classroom. The bill specifies the Ten Commandments text which must be used-- choosing the text that appeared on the Ten Commandments marker at the Texas State Capitol that was the subject of the U.S. Supreme Court's decision in Van Orden v. Perry. The Louisiana bill requires:

The nature of the display shall be determined by each governing authority with a minimum requirement that the Ten Commandments shall be displayed on a poster or framed document that is at least eleven inches by fourteen inches.  The text of the Ten Commandments shall be the central focus of the poster or framed document and shall be printed in a large, easily readable font.

A specified "context statement" that details the appearance of the Ten Commandments in public school textbooks since 1688 must be displayed along with the Ten Commandments. It permits, but does not require, public schools to also display the Mayflower Compact, the Declaration of Independence and the Northwest Ordinance along with the Ten Commandments.

Public colleges must display the same text of the Ten Commandments (but apparently not the context statement) in each classroom on their campuses.

The bill's substantive provisions are preceded by legislative findings, including the following:

Recognizing the historical role of the Ten Commandments accords with our nation's history and faithfully reflects the understanding of the founders of our nation with respect to the necessity of civic morality to a functional self-government. History records that James Madison, the fourth President of the United States of America, stated that "(w)e have staked the whole future of our new nation . . . upon the capacity of each of ourselves to govern ourselves according to the moral principles of the Ten Commandments.

The bill now goes to Governor Jeff Landry for his signature. CNN reports on the bill.

UPDATE: On June 19, Governor Landry signed HB71, and the ACLU quickly announced that several advocacy organization would file suit to challenge the law.

Alabamans Approve 10 Commandments and Right To Life Amendments

Alabama voters yesterday approved two state constitutional amendments. By a margin of 78% to 22%, voters approved Amendment 1, officially described as follows:

First, it provides that a person is free to worship God as he or she chooses, and that a person’s religious beliefs will have no effect on his or her civil or political rights. Second, it makes clear that the Ten Commandments may be displayed on public property so long as the display meets constitutional requirements, such as being displayed along with historical or educational items. Amendment 1 also provides that no public funds may be used to defend this amendment in court.

Voters, by a margin of 59% to 41% approved Amendment 2, officially described as follows:

Amendment 2 provides that it would be the public policy of the state to recognize and support the importance of unborn life and the rights of unborn children, including the right to life; and to protect the rights of unborn children. Additionally, the amendment would make clear that the state constitution does not include a right to abortion or require the funding of an abortion using public funds.

The proposed amendment does not identify any specific actions or activities as unlawful. It expresses a public policy that supports broad protections for the rights of unborn children as long as the protections are lawful.

Ballot Issues To Watch In Tomorrow's Elections

Several ballot measures that may be of interest to Religion Clause readers will be voted on around the country tomorrow:

• Alabama Ten Commandments Amendment, Amendment 1
• Alabama State Abortion Policy Amendment, Amendment 2
• Oregon Ban Public Funds for Abortions Initiative
• West Virginia Amendment 1, the No Right to Abortion in Constitution Measure

Suit Challenges Arkansas Capitol Ten Commandments Monument

Suit was filed last month challenging the constitutionality of a Ten Commandments monument erected on the Arkansas state capitol grounds.  The complaint (full text) in Orsi v. Martin, (ED AR, filed 5/23/2018), alleges that the monument violates the Establishment Clause.  A press release from the American Humanist Association explains:

A similar monument was installed at the state capitol last year, only to be destroyed just hours after it was installed. The individual accused of destroying the display was subsequently found unfit to stand trial. Proponents of the display, led by state senator Jason Rapert, immediately began raising money for a replacement. Senator Rapert has publicly stated, “I am guilty as charged for supporting the Ten Commandments and… take full responsibility for being so bold as to believe that our state and our nation would be better off if people simply honored, followed and adhered to the Ten Commandments given by God Himself to Moses on Mt. Sinai.”  Rapert’s effort reportedly raised $85,000, which will provide a protective barrier around the new display.

Oklahoma Legislature Passes 10 Commandments and "Stand Your Ground" In Church Laws

This week, the Oklahoma legislature sent two bills to Gov. Mary Fallin for her signature.  HB 2177 authorizes the display of the Ten Commandments and other historical documents on public property.  The bill (full text) provides in part:

Every county, municipality, city, town, school or any other political subdivision is authorized to display, in its public buildings and on its grounds, replicas of historical documents including, but not limited to, the Ten Commandments, Magna Carta, Mayflower Compact, Declaration of Independence, United States Constitution, Bill of Rights, Oklahoma Constitution and other historically significant documents in the form of statues, monuments, memorials, tablets or any other display that respects the dignity and solemnity of such documents. Such documents shall be displayed in a manner consistent with the context of other documents contained in such display.

In 2015, the Oklahoma Supreme Court held that a Ten Commandments monument on the statehouse grounds violates the Oklahoma Constitution. (See prior posting.)

The legislature also sent the Governor HB2632. The bill (full text) gives Oklahomans the same right in places of worship that they now have in homes and businesses to resist intruders by the use of deadly force. Tulsa World reports on the legislature's actions.

Alabama Legislature Approves Ballot Issue On Ten Commandments

The Alabama legislature yesterday approved S 181 (full text), submitting a proposed state constitutional amendment to the voters. The operative provisions of the proposed amendment read:

Every person shall be at liberty to worship God according to the dictates of his or her own conscience. No person shall be compelled to attend, or, against his or her consent, to contribute to the erection or support of any place of religious worship, or to pay tithes, taxes, or other rates for the support of any minister of the gospel. Property belonging to the state may be used to display the Ten Commandments, and the right of a public school and public body to display the Ten Commandments on property owned or administrated by a public school or public body in this state is not restrained or abridged. The civil and political rights, privileges, and capacities of no person shall be diminished or enlarged on account of his or her religious belief. No public funds may be expended in defense of the constitutionality of this amendment.

The Ten Commandments shall be displayed in a manner that complies with constitutional requirements, including, but not limited to, being intermingled with historical or educational items, or both, in a larger display within or on property owned or administrated by a public school or public body.

The inclusion of the ban on using public funds to defend the constitutionality of the amendment is apparently a response to criticism from opponents that the amendment will merely invite costly lawsuits. (See AP report on the passage of the bill.)  Also, apparently the amendment is not intended to repeal the somewhat overlapping provisions of the existing Sections 3 , 3.01 (Amendment 622) and 263 of the state constitution. [Thanks to Tom Rutledge for the lead.]

City Considering Crowdfunding To Pay Ten Commandments Litigation Costs

The Farmington Daily Times reports that the city of Bloomfield, New Mexico may take an unusual approach to paying the $700,000 attorneys' fees of the successful plaintiffs who sued it over a Ten Commandments monument. It is considering using an online crowdfunding site to raise the funds.  While Alliance Defending Freedom represented the city without charge in the litigation, now that the city has finally lost after a denial of review by the Supreme Court, it must pay the ACLU for the cost of representing plaintiffs in the litigation.  The amounts will have to come from the city's general funds if its crowdfunding initiative is unsuccessful.