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.
