After receiving two favorable rulings from judges, a coalition of advocacy groups filed their third lawsuit Tuesday challenging a new state law that requires the Ten Commandments to be displayed in every public school classroom in Texas.
The new case was brought against 16 Texas school districts, adding Katy, Clear Creek, Deer Park, Pearland and Magnolia ISDs to the litigation. Courts have already barred the displays in Conroe, Houston, Fort Bend and Cypress-Fairbanks ISDs.
The latest filing comes in an ongoing effort from groups such as the ACLU, Americans United for Separation of Church and State, and the Freedom From Religion Foundation. They represent families across the state who say placing posters of the Ten Commandments violates their First Amendment protections. All three cases have been filed in San Antonio federal court in the Western District of Texas.
Tuesday’s filing is the first class-action lawsuit the groups have brought in the Ten Commandments litigation. The goal in the new case is to bar any public school districts not already involved in litigation from displaying the text, since the previous rulings have only applied to the districts being sued.
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Among the plaintiffs in the new lawsuit are Helen and Madison Hanks, who are atheists with a child enrolled at Clear Creek ISD. The Hanks want their child, who is referred to as O.H. in the filing, to have the “space and autonomy to develop their own beliefs and views about religion,” the document reads.
“The displays send a message that Christianity is superior to other religions and that the government prioritizes Christian beliefs,” the complaint said. “This sends O.H. the message that O.H.’s opinions and beliefs are less valued than the beliefs of their Christian peers.”
See here for all previous Ten Commandments blogging. The name of this lawsuit is Ashby v. Schertz-Cibolo-Universal ISD, with the defendant being a school district in the suburbs of San Antonio. I presume there were – and still may be – some legal hurdles to clear to get this certified as a class action. I also presume it was either this or round up plaintiffs in all seven thousand or so school districts and spam the federal courts with an unending series of smaller suits. The Fifth Circuit will provide some clarity, for better or worse, in the next year or so. In the meantime, I hope we get a statewide injunction soon. The ACLU’s press release, which includes a copy of the complaint, is here, and the Current has more.