Texas moms sue to remove Ten Commandments displays from classrooms
A trio of non-Christian Texan moms have filed a lawsuit seeking to block and remove state-mandated displays of the Ten Commandments in public school classrooms.
The lawsuit filed in Harris County argues that the displays, which were mandated with the passage of Senate Bill 10 last year, violate the Texas Religious Freedom Restoration Act (RFRA), a 1999 law signed by former President and Texas Gov. George W. Bush that prohibits government agencies from any action that burdens religious exercise except for a compelling government interest or by the least restrictive means.
The suit also claims SB 10 violates Proposition 15, a Texas Constitution amendment on parental rights that was approved by voters last November.
SB 10 only requires the Ten Commandments to be displayed if the displays are donated.
According to The New York Times, the plaintiffs involved in the suit include three Texan moms: Audrey Rosa Nath, Emily Roth and Sanjam Kaur Sohal. The complaint alleges the display of the Ten Commandments "substantially interferes with plaintiffs' free exercise of religion, religious development, and rights to raise their children free of State-sponsored religion."
The plaintiffs are seeking a court order to take down and ban the displays prior to the start of the school year, which begins in early August for a number of Texas school districts.
Notably, none of the plaintiffs identify as practicing Christians.
Nath, a former candidate for both the Houston ISD school board and Houston City Council, in separate campaigns, told the NY Times she is a polytheist who is "raising her children with a combination of family traditions, including Jainism, Hinduism, Judaism and Quakerism."
As part of her campaign for city council, Nath advocated for all-ages LGBT pride events as well as “the creation of a municipal fund for [LGBT-identified] small business loans and grants to foster community-empowered economic hubs.”
Roth, who led a failed effort in March to force the Houston-area Spring Branch ISD to either remove the Ten Commandments displays or allow for the displays of other faith traditions, has two children in the school district and comes from a non-religious household, according to the Times.
A spokesperson for a U.S. supply chain solutions provider, Roth wrote in a March 2 editorial for the Houston Chronicle that the Ten Commandments display included the word “kill” in kindergarten classrooms. The word appears in Exodus 20:13 as part of the Sixth Commandment, “Thou shalt not kill.”
Noting that the Ten Commandments “include ‘kill,’ ‘adultery,’ and ‘no other gods,’ along with references to sexuality and ownership,” Roth wrote, “Regardless of anyone’s faith, the language itself is not developmentally appropriate for young children. If a poem, novel or parent volunteer submitted material referencing adultery, killing or manservants for display in a kindergarten classroom, it would be removed immediately. In Texas, we are banning books for similar themes.”
Sohal, the third plaintiff, identifies as Sikh, according to the Times. Sohal is also listed as an immigration attorney with a firm that specializes in H1-B and other non-immigrant employment visas.
According to counsel Megan Hassan, the plaintiffs “did not want a legal battle with the state of Texas. They wanted a poster removed from a classroom wall. That should never have required a lawsuit."
The suit marks the latest legal challenge to SB 10, including a coalition led by the American Civil Liberties Union (ACLU), which filed a federal lawsuit prior to SB 10 taking effect last September. While the U.S. Fifth Circuit Court, in a narrow ruling, found the displays were constitutional, the U.S. Supreme Court is widely expected to take up the issue in the future.
Ian M. Giatti is a reporter for The Christian Post. He can be reached at: ian.giatti@christianpost.com.
