The Brief
A federal judge has temporarily blocked 11 Texas school districts, including Plano ISD, from enforcing a new state law that requires the display of the Ten Commandments in classrooms.
The ruling stems from a lawsuit filed by parents who argue that the law violates the First Amendment.
The Texas Attorney General says he will appeal the decision, but for now, the law still applies to other school districts not named in the lawsuit.
One North Texas school district is temporarily exempt from the new law requiring the display of the Ten Commandments in classrooms.
Texas Attorney General Ken Paxton is instructing all Texas independent school districts to comply with the new law except for those impacted by a recent court ruling.
What we know
Plano ISD and 10 other Texas school districts named in a lawsuit over the new Ten Commandments law will get a pass, but just for now.
A federal judge granted a preliminary injunction that people suing the school districts were asking for.
Constitutional law attorney David Coale says now whether that law can stand is a question for the courts.
Parents with children in 11 different Texas school districts allege Senate Bill 10 violates the first amendment.
A federal judge appointed by President Clinton sided with them.
What they're saying
"So, the law says by September 1, if someone, in a private actor, gives you an appropriate copy of the Ten Commandments, you must display it in every classroom," said Coale.
"He says the plaintiffs proved their case, there's a First Amendment problem here, and all of these districts are enjoined, they're barred from putting the Ten Commandments up come September 1."
But as for the hundreds of Texas school districts not party to the lawsuit, Texas Attorney General Ken Paxton says the new law still applies.
"And he will probably sue them if they don't put them up," said Coale.
Lawmakers who voted for the classroom displays called it a matter of historical and moral significance, not religious persuasion.
But in a lengthy 55-page ruling, U.S. district judge Fred Biery wrote:
"In sum, the court finds..."
"S.B. 10 crosses the line from exposure to coercion"
Dig deeper
Coale says the federal judge's ruling does add some legal gray area for school districts.
"It's a tough, tough spot for the districts, because their obligation is to do what's legal. And so you have a law on the books that's pretty clear, but you also have this opinion that, while it may not bind you directly," he says. "That says 'this just isn't constitutional'."
Coale explained that while there are many displays of the Ten Commandments, like at the state capitol, courts may see a paper version differently.
"The monument itself has a certain historic quality. It's been there for a long time, it was donated by a certain organization," he said.
"But here, it's a little bit different. You're just putting up a copy of the commandments, and there's not that additional history and presence you have at that monument. It does go to show, though, how little distinctions can make a really big difference in this area of law, and that's what Mr. Paxton and proponents of this law have seized on."
What's next
Paxton has said that he will appeal the injunction to the fifth circuit court of appeals.
That court already has a similar case in Louisiana. Coale says the fifth circuit also has a reputation for being conservative on this kind of issue.
The Source
Information in this article was provided from an interview conducted by FOX 4's Lori Brown.
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