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Texas Attorney General Ken Paxton (R) has filed suit against the Galveston Independent School District (ISD) and its board of trustees for violating Senate Bill 10 (SB 10), a 2025 law requiring all public elementary and secondary schools in Texas to display the Ten Commandments in each classroom.
According to the petition, the district knowingly refused to comply after receiving privately donated posters that met the statute’s specifications. The board voted on October 22, 2025, to delay implementation despite being informed of the legal requirement. The State’s filing characterizes that decision as “open defiance of state law,” and requests both temporary and permanent injunctions compelling Galveston ISD to display the donated copies.
In his November 7 press release, Paxton reaffirmed his commitment to enforcing SB 10, stating:
“America is a Christian nation and it is imperative that we display the very values and timeless truths that have historically guided the success of our country.”
He further asserted that there is “no valid legal basis to prevent Texas schools from honoring a foundational framework of our laws, especially under the misconception that a ‘separation of church and state’ phrase appears in the Constitution. It does not.”
Background: Senate Bill 10 and Its Requirements
Passed during the 89th Legislative Session, SB 10 requires every Texas public classroom to display a durable poster or framed copy of the Ten Commandments meeting detailed specifications.
Key provisions include:
- The display must measure at least 16 × 20 inches, using a legible typeface visible from anywhere in the classroom.
- Each display must contain only the text prescribed in statute to ensure uniformity statewide.
- Schools must accept and display any privately donated posters that meet these standards.
- The Attorney General is directed to defend districts sued for complying with the law, with the state covering all related legal expenses.
The law took effect September 1, 2025, with enforcement beginning in the 2025-2026 school year.
Paxton’s August Directive to Texas School Districts
Following a federal court injunction temporarily halting SB 10 enforcement for eleven named school districts, Paxton issued an August 2025 directive clarifying that all other Texas ISDs must comply.
“From the beginning, the Ten Commandments have been irrevocably intertwined with America’s legal, moral, and historical heritage,” Paxton said. “Schools not enjoined by ongoing litigation must abide by SB 10 and display the Ten Commandments. The woke radicals seeking to erase our nation’s history will be defeated. I will not back down from defending the virtues and values that built this country.”
The injunction applied only to Alamo Heights, North East, Austin, Cypress-Fairbanks, Lackland, Lake Travis, Fort Bend, Houston, Dripping Springs, Plano, and Northside ISDs. Galveston ISD was not among them, leaving it legally bound to follow SB 10.
Federal Court Litigation and Constitutional Context
In August 2025, U.S. District Judge Fred Biery issued a preliminary injunction blocking SB 10 for the eleven participating districts, arguing that the law likely violated the First Amendment’s Establishment Clause by compelling “government-mandated religious expression.”
However, that ruling was limited in scope and is now under en banc review by the U.S. Fifth Circuit Court of Appeals, which agreed to reconsider both the Texas and Louisiana Ten Commandments cases together. Legal observers anticipate that the issue may ultimately reach the U.S. Supreme Court.
Paxton’s lawsuit against Galveston ISD, therefore, represents the first enforcement action outside the injunction’s boundaries, testing the extent of the state’s authority to compel compliance while the broader constitutional questions remain unresolved.
TPR’s Analysis: Legal Complexity and Liberty Considerations
When Texas Policy Research (TPR) evaluated SB 10 during the legislative session, the organization took a neutral position due to the competing constitutional, historical, and policy considerations at stake.
TPR’s analysis recognized that the Ten Commandments have long influenced Western legal and moral traditions, yet mandatory display requirements risk infringing on individual liberty and parental rights by intertwining public education with religious expression.
Key Takeaways from the State’s Petition
The State’s Original Petition and Application for Injunctive Relief lays out several arguments:
- Standing and Authority: Texas asserts its sovereign right to enforce its own laws and to correct “ultra vires” actions by local officials who defy state statutes.
- No Universal Injunction: The filing emphasizes that Galveston ISD is not subject to any federal injunction, and therefore cannot rely on one as justification for non-compliance.
- Irreparable Harm: The petition argues that defiance by a political subdivision undermines the integrity of state law and causes “irreparable injury” to Texas’s sovereign interests.
- Requested Relief: The State seeks court orders compelling immediate compliance, declaring the district’s actions unlawful, and awarding attorneys’ fees.
Balancing Tradition, Law, and Liberty
The Galveston ISD lawsuit underscores the enduring tension between Texas’s assertion of moral tradition and constitutional questions of religious liberty. Supporters view SB 10 as a return to moral instruction and civic heritage, while critics see it as state overreach into matters of personal faith.
Regardless of outcome, this case will likely shape how Texas, and perhaps the nation, defines the limits of religious expression in public education. If upheld, SB 10 could embolden other states to adopt similar measures. If struck down, it would reaffirm judicial precedent limiting government involvement in religious displays.
Conclusion
By suing Galveston ISD, Attorney General Paxton has set the stage for a pivotal constitutional test. The case pits state sovereignty and moral heritage against local discretion and First Amendment safeguards, with implications far beyond Galveston County.
As litigation advances through the Texas courts and the Fifth Circuit, the debate over SB 10 will continue to serve as a defining moment in Texas’s ongoing struggle to balance faith, freedom, and governance in its public institutions.
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