Now is the most opportune time for states to take the lead on religious freedom. For far too long, conservatives have been forced to focus solely on defending religious freedom—but now is the moment not just to defend it, but to advance it. This is a time for lawmakers to think innovatively about areas of society where religion has been excluded for so many decades that people no longer even consider they have the right to express their faith.

We are greatly encouraged to see legislators across the country doing exactly that. They are re-examining state laws to ensure that America’s rich history of Judeo-Christian values is once again incorporated into society and welcomed in the public square, just as the Founding Fathers intended.

This session alone, more than 20 bills have been introduced across the country aimed at restoring the Ten Commandments in public schools. We’ve assisted lawmakers and state education leaders with many bills and policies that welcome the Bible and prayer back into classrooms. Dozens of additional bills have been introduced that address permitting chaplains in schools, allowing religious release time, and—in Arkansas—legislation was passed to ensure the religious beliefs of the Founding Fathers are included in the state’s education standards.

Texas has done an exceptional job addressing nearly all of these religious freedom issues. Last session, they passed legislation allowing chaplains in schools. And as this year’s session nears its close, lawmakers have passed several landmark bills championing religious freedom.

David and Tim Barton were honored to testify in support of two key bills: the Ten Commandments Bill and the Prayer in School Bill—both of which have now passed the House and Senate.

If you would like to donate to our mission at PFLN to help lawmakers advance religious freedom and constitutional policies, we greatly value your support! You can make a tax-deductible donation here. 

Texas to Display the Ten Commandments in Public School Classrooms

Under this soon to be new law SB 10, the Ten Commandments will be displayed in every public elementary and secondary school classroom across Texas. These timeless principles have long served as a moral compass in American society and were once foundational in public education.

States like Louisiana and Arkansas have passed similar legislation, and we are thrilled to see Texas join them. At our annual conference for state lawmakers, we’ve spent years educating leaders on the historic and legal significance of the Ten Commandments—especially in light of recent shifts in Supreme Court precedent that now make this change possible.

We are deeply grateful for the leadership of Sen. Phil King and Rep. Candy Noble, members of the Pro-Family Legislative Network (PFLN), who sponsored this monumental legislation.

Restoring Prayer and Bible Reading in Public Schools

This legislation, SB 11, permits school districts to adopt policies allowing every campus to offer students and staff the opportunity to participate in a time of prayer and reading from the Bible or other religious texts. We applaud Sen. Mayes Middleton and Rep. David Spiller for their sponsorship of this legislation. 

Religious Release Time – Permitting Parents to Excuse Their Child for A Religious Course, such as a Bible Study

Texas law, with the final passage of SB 1049, will explicitly affirm that parents or guardians may excuse their children during school hours to attend religious courses, such as Bible studies, off-campus. Sen. Phil King led on this bill along with Rep. James Frank. We presented this policy at our annual conference last year and are excited to see Texas pass this bill.

What to Learn More About Why Now is the Time to Advance Religious Freedom? 

First, understand the Lemon Test.
In 1971 in the case Lemon v. Kurtzman the Court announced its new test for determining the permissibility of public religious expressions. It stipulated that for a public religious activity to be constitutional, it must: (1) have a primarily secular purpose, (2) not advance religion, and (3) avoid creating any government entanglement with religion. As you can imagine, this test prohibited nearly all religious displays of religion. The original religious protections of the First Amendment were thus dramatically curtailed.

Over seceding years, the Lemon Test produced increasingly absurd results. The modern Court has now acknowledged that not only was the test flawed but it held an inherent bias against religion.

Second, know the new History and Traditions Test.
Nearly 50 years later, the Supreme Court rejected the Lemon Test in its 2019 ruling in the Bladensburg Cross Case. The Court stated, “retaining established religiously expressive monuments, symbols, and practices….gives rise to a strong presumption of constitutionality.”

In other words, if something religious has been part of the fabric of American society and culture for a long period of time (such as crosses, invocations, Ten Commandments displays, et al.), then they must be presumed to be constitutional. This was a dramatic reversal from the Court’s recent decades of decisions, but a clear return to the Constitution’s original intent.

Three years later in 2022, in the cases Shurtleff v. Boston and Kennedy v. Bremerton, the Court openly rejected the Lemon Test.

This is why the opportunity not just to protect religious freedom, but to advance it, is greater now than at any point in the last 50 years.

If you are a lawmaker who would like assistance with legislation in your state, please don’t hesitate to contact us. We would love to serve you. 

If you would like to donate to our mission at PFLN to help lawmakers advance religious freedom and constitutional policies, we greatly value your support! You can make a tax-deductible donation here.