Educators know our public schools should be safe spaces for every Texas child, regardless of their race, socioeconomic background, gender identity, or religious upbringing. That’s why our members made the right to freedom of religion in schools a plank in our Educator’s Bill of Rights.
Increasingly, state leaders are blurring the lines between church and state, and that includes inside our public school classrooms. This past legislative session resulted in an unprecedented amount of legislation that infringes on students’ and educators’ right to be free of religion in our public schools.
Whether it’s through a voucher push that would funnel taxpayer dollars to religious private schools, many of which engage in nepotism and self-dealing, or new state-created curriculum that’s chock full of biblical material, we are enduring an unprecedented, big-money assault on religious freedom in Texas.
As a result, educators are being put in the unconscionable position of choosing whether to violate their students’ constitutional rights or violate the state’s mandates to force religious instruction upon them.
The 89th Texas Legislature passed two high-profile bills that expand religious expression in public schools, raising constitutional concerns and prompting legal challenges.
Senate Bill 10: Mandatory Display of the Ten Commandments
SB 10, by Sen. Phil King of Weatherford, mandates that all public school classrooms display a framed or poster-sized copy of the Ten Commandments, measuring at least 16 by 20 inches, in a legible typeface. The law does not allocate state funding for these materials, but requires districts to accept private donations of these posters. The bill is set to take effect Sept. 1, 2025.
Critics argue that this law violates the First Amendment’s Establishment Clause, which prohibits government endorsement of religion. In fact, Gov. Greg Abbott signed it in late June, just a day after the 5th U.S. Circuit Court of Appeals found a similar law in Louisiana was “plainly unconstitutional” and an “irreparable deprivation” of First Amendment rights.
Now, To the Courts
In June, a group of Dallas-area faith leaders and families filed a lawsuit seeking to halt the implementation of the required posting of the Ten Commandments in public school classrooms. They assert that the new requirement violates the separation of church and state.
The American Civil Liberties Union (ACLU) of Texas, Americans United for Separation of Church and State, and the Freedom From Religion Foundation also filed suit in July to block SB 10 on behalf of 16 families of different religious and non-religious backgrounds. They are asking the court to halt the Sept. 1 implementation pending the resolution of the litigation. The plaintiffs assert that SB 10 violates the First Amendment’s protections for the separation of church and state and the right to free religious exercise.
Senate Bill 11: Optional Daily Prayer or Religious Study Period
SB 11 allows school districts to adopt policies providing a daily period for students and staff to engage in prayer or religious study. Participation requires parental consent, and any religious activities must not be conducted over loudspeakers or in the presence of students without consent. Districts are required to vote on whether to implement this policy within six months of the law’s effective date, Sept. 1, 2025.
While supporters view this as a reinforcement of religious freedom, opponents raise concerns about potential peer pressure and the blurring of lines between church and state in public education. Our union locals will be organized and ready to weigh in on the implementation of these potentially harmful policies.
Rather than improving learning and working conditions, SB 10 and SB 11 will result in the alienation of students and educators alike. Our schools should be a welcoming place for all, free from government-sponsored and government-imposed religion.
Texas AFT remains committed to advocating for equitable, well-funded public schools and will continue to monitor the implementation of these legislative changes.
Stay tuned to the Hotline for upcoming opportunities to stay informed and engaged with Texas AFT as we navigate these developments together.
Additionally, the ACLU of Texas’ has two upcoming free virtual trainings for students and community members:
- Know Your Rights Webinar: Texas Students
Thursday, August 28 at 6 p.m. CT
As students head back to school, tune in online to get a refresher on your rights and how they may have changed as a result of new laws passed during the recent legislative session. - Free Speech Academy
Deadline to apply is Monday, Sept. 1
This seven-week online civic education and action program is designed to empower parents and adult community members with the tools to understand, defend, and exercise their free speech rights in schools, at school board meetings, and in local policy spaces. The course begins the first week of September.