Federal judge blocks Texas public schools from displaying Ten Commandments in classrooms

Judge Fred Biery wrote in an order granting a preliminary injunction that the Republican-led legislature could not demonstrate a tradition of public schools posting the Ten Commandments, which he said was needed for the bill to withstand court precedents.

"This Court finds there is insufficient evidence of a broad tradition in place at the time of the Founding, and within the history of public education, to justify S.B. 10," Biery wrote.

Biery, a Clinton appointee, also said the legislation was not neutral enough on religion to be constitutional. The bill "impermissibly takes sides on theological questions and officially favors Christian denominations over others," the judge wrote.

Families of numerous religious denominations, as well as non-religious plaintiffs, brought the lawsuit, arguing Texas' bill imposed a religious preference on their children in violation of the First Amendment.

Biery observed that while the language in Texas' legislation excluded any religious purposes, lawmakers were vocal about its intent. The judge gave several quotes from state lawmakers, including the bill's lead sponsor in the Senate.

That and numerous other statements cited by the judge demonstrated that lawmakers had a predominantly religious objective when they passed the bill, Biery said.

The bill's authors wrote in a statement accompanying the legislation that they wanted the religious directives displayed on the school walls because they were a significant part of history.

"Now that the legal landscape has changed, it is time for Texas to pass S.B. 10 and restore the history and tradition of the Ten Commandments in our state and our nation," the legislators said.