Students and faculty in Texas public schools may soon be allowed to engage in prayer and other religious activities during school hours, following the approval of a bill by the Senate. Senator Mayes Middleton from Galveston introduced SB 11, which permits voluntary prayer and religious text study sessions for those who wish to participate. "We are a nation and a state built on 'In God We Trust'," said Middleton, emphasizing the state's traditions and values.
Another measure, SB 10, proposed by Weatherford Senator Phil King, seeks to mandate the display of the Ten Commandments in every public school classroom. King stated that these commandments have significantly influenced America's moral and legal codes. "Few documents have had a larger impact on our moral code and our legal code and just our culture than the Ten Commandments," he said.
The debate over religion in schools has been ongoing since the Supreme Court's 1962 ruling in Engle v. Vitale, which deemed mandatory prayer in public schools unconstitutional. The Court established guidelines known as "the Lemon test" in 1971 to evaluate potential violations of the establishment clause. This test was applied to prohibit displaying the Ten Commandments in schools until it was overturned by Kennedy v. Bremerton School District in 2022.
The Kennedy case involved Joseph Kennedy, an assistant football coach who led prayers after games despite objections from his school board. The Supreme Court ruled in favor of Kennedy, replacing the Lemon test with a standard focusing on coercion concerns. Justice Neil Gorsuch wrote that there was no evidence of coercion related to Kennedy's postgame prayers.
This decision paved the way for legislation like SB 10 and SB 11, allowing non-coercive religious expression in schools. "Because of that, we can today put the Ten Commandments back in our public school classrooms in Texas," said King.
SB 11 requires explicit consent from faculty and students wishing to participate in religious activities. These activities must occur away from those who do not consent, ensuring no one is compelled to join or that instructional time is affected. Each school district will decide whether to implement this program through a board vote.
SB 10 awaits another vote on Wednesday before it can proceed further.
