texasscorecard.com---Last year the Supreme Court ruled in Kennedy v. Bremerton School District that the Lemon test banning the display should be abandoned; the Court replaced it with a directive to consider “historical practices and understandings” in determinations of a law’s constitutionality as it relates to the Establishment Clause.
In the Texas bill to permit display,at a Senate committee hearing, sponsor Phil King argued the legislation “became legally feasible” with the ruling, saying it is “a good, healthy step for Texas to bring back this tradition of recognizing America’s religious heritage.”
Sponsor Candy Noble pointed out that the language proposed for the required posting is identical to that found on the Ten Commandments monument on the grounds of the State Capitol. Citing the 2005 precedent in Van Orden v. Perry, she explained the Supreme Court determined the monument’s placement on government property does not violate the Establishment Clause because it could be viewed as a recognition of the nation’s legal tradition.
She also noted that the Supreme Court building itself contains several carvings depicting Moses holding two stone tablets, which, according to the Old Testament narrative, God used to write the Ten Commandments. “This legislation will bring back this historic tradition of recognizing America’s foundational heritage in both our education and our judicial system,” said Noble.
Witnesses testifying in favor of the display bill included Timothy Barton of Wallbuilders, Matt Krause of First Liberty Institute, and Mary Elizabeth Castle of Texas Values. Representatives from the Texas Freedom Network, the Texas chapter of the American Federation of Teachers, and interfaith organization Texas Impact testified against the legislation.
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