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Protect Texas Students Constitutional Rights!

To: Lt. Gov. Patrick, Rep. Harris Davila, Sen. Schwertner, Gov. Abbott

From: A constituent in Leander, TX

December 10

I am writing to remind you that the First Amendment to the United States Constitution is binding law — not a suggestion — and it applies fully to the State of Texas and to every public school classroom. The First Amendment’s Establishment Clause prohibits the government from endorsing or promoting religion. The Supreme Court has repeatedly and unequivocally ruled that public schools may not display religious doctrine in classrooms. In Stone v. Graham (1980), the Supreme Court struck down a Kentucky law requiring the posting of the Ten Commandments in public school classrooms, holding that such displays serve a “plainly religious purpose” and violate the Establishment Clause. The Court was explicit: posting the Ten Commandments in classrooms is unconstitutional, regardless of claims that the display is “historical” or “secular.” The Court has also made clear that public schools are a uniquely sensitive environment. In Engel v. Vitale (1962), the Court ruled that government-directed prayer in public schools violates the Establishment Clause, even if participation is technically voluntary. In Abington School District v. Schempp (1963), the Court reaffirmed that school-sponsored religious exercises — including Bible readings — are unconstitutional. Further, in Lemon v. Kurtzman (1971), the Supreme Court established the “Lemon test,” which requires that any government action regarding religion must (1) have a secular legislative purpose, (2) neither advance nor inhibit religion as its primary effect, and (3) avoid excessive government entanglement with religion. A mandate to display the Christian Ten Commandments in every classroom fails all three prongs. Most recently, the Court has continued to emphasize that the Constitution requires government neutrality toward religion. In Santa Fe Independent School District v. Doe (2000), the Court struck down student-led prayer at football games because it conveyed a government endorsement of religion — a principle that applies with even greater force inside classrooms during the school day. Texas public schools serve students of every faith and of no faith. By mandating Christian religious displays, the State is elevating one religion above all others and sending a clear message of exclusion to millions of students. That is precisely the harm the Establishment Clause exists to prevent. Let there be no confusion: Students are free to pray. Families are free to worship. Religious belief is protected. What is forbidden is government-imposed religious doctrine in public education. This policy is unconstitutional, divisive, and indefensible under settled Supreme Court precedent. Texas will lose in court — as other states have — and taxpayers will pay the price for an ideological agenda that violates the Constitution. Texas leaders have sworn an oath to uphold the Constitution of the United States. That oath requires you to stop this effort immediately. This is wrong. It violates the First Amendment. And it must be reversed.

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