SAN ANTONIO — The American Civil Liberties Union of Texas, the ACLU, Americans United for Separation of Church and State, and the Freedom From Religion Foundation sent a letter today to public school superintendents across Texas, warning school districts not to implement Senate Bill 10 — an unconstitutional state law that purports to require public schools to display the Ten Commandments in every elementary and secondary school classroom.
The letter also advises school districts that have already posted the Ten Commandments to immediately remove the displays. The letter notifies superintendents of this week’s federal court decision in Rabbi Nathan v. Alamo Heights Independent School District, which ruled that S.B. 10 is 'plainly unconstitutional' and prohibited the school district defendants from implementing or enforcing it while the lawsuit continues.
The letter explains:
“Even though your district is not a party to the ongoing lawsuit, all school districts have an independent obligation to respect students’ and families’ constitutional rights. Because the U.S. Constitution supersedes state law, public school officials may not comply with S.B. 10.”
Last month, a group of 16 families from diverse religious and nonreligious backgrounds — each with children in Texas public schools — filed suit in Nathan, asserting that S.B. 10 violates the Establishment and Free Exercise Clauses of the First Amendment to the U.S. Constitution.
The four organizations that sent today’s letter also represent the plaintiffs in Nathan and issued the following statement regarding the letter:
“Texas school districts must not comply with S.B. 10. A Texas federal court has already ruled that the statute is 'plainly unconstitutional.' Public school officials are legally required to protect and uphold the constitutional rights of students and families, including their right to religious freedom under the Establishment and Free Exercise Clauses of the First Amendment. Implementing S.B. 10 would violate this obligation and could result in litigation being filed against school districts that do so. School districts that have already posted displays of the Ten Commandments must immediately remove them.”
Read the full letter to superintendents here: https://www.aclutx.org/sites/default/files/letter_to_texas_school_districts_8.21.2025_.pdf
