Photo Credit: Katrina J Houdek / Flickr
The 10 commandments on display in the front of a school, June 3, 2007.

On the morning of Shavuot, the Ten Commandments are read aloud in synagogues from the Torah scroll. According to our sages, this moment is not merely a remembrance—it is a spiritual reenactment. Hearing the Ten Commandments on Shavuot is considered as if we ourselves were standing at the foot of Mount Sinai, receiving the divine words directly from the mouth of the Holy One, blessed be He, in His full glory.

But if you happen to be in Texas, everybody is going to recite the Ten Commandments this Shavuot, even though the gentile version is a little different. Here’s why:

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The Texas House on Sunday approved Senate Bill 10, legislation mandating that the Ten Commandments be displayed in every public school classroom across the state.

The bill now heads back to the Senate for final approval, following a last-minute amendment that was crafted with input from both chambers (the amendment clarifies that the state, instead of the schools or school districts, will defend and pay for any legal challenges to the law). Once reconciled, the measure will move to Governor Greg Abbott’s desk, where it is expected to be signed into law.

The bill’s current version is titled “Display of Ten Commandments,” and it goes:

(a) Subject to Subsection (e), a public elementary or secondary school shall display in a conspicuous place in each classroom of the school a durable poster or framed copy of the Ten Commandments that meets the requirements of Subsection (b).

(b) A poster or framed copy of the Ten Commandments described by Subsection (a) must:

(1) include only the text of the Ten Commandments as provided by Subsection (c) in a size and typeface that is legible to a person with average vision from anywhere in the classroom in which the poster or framed copy is displayed; and

(2) be at least 16 inches wide and 20 inches tall.

(c) The text of the poster or framed copy of the Ten Commandments described by Subsection (a) must read as follows:

“The Ten Commandments

  1. I AM the LORD thy God. Thou shalt have no other gods before me. Thou shalt not make to thyself any graven images.
  2. Thou shalt not take the Name of the Lord thy God in vain.
  3. Remember the Sabbath day, to keep it holy.
  4. Honor thy father and thy mother, that thy days may be long upon the land which the Lord thy God giveth thee.
  5. Thou shalt not kill.
  6. Thou shalt not commit adultery.
  7. Thou shalt not steal.
  8. Thou shalt not bear false witness against thy neighbor.
  9. Thou shalt not covet thy neighbor’s house.
  10. Thou shalt not covet thy neighbor’s wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbor’s.”

(d) A public elementary or secondary school in which each classroom does not include a poster or framed copy of the Ten Commandments as required by Subsection (a) must:

(1) accept any offer of a privately donated poster or framed copy of the Ten Commandments provided that the poster or copy:

(A) meets the requirements of Subsection (b); and

(B) does not contain any additional content; and

(2) display the poster or framed copy as specified in Subsection (a).

(e) A public elementary or secondary school in which each classroom does not include a poster or framed copy of the Ten Commandments as required by Subsection (a) may, but is not required to, purchase posters or copies that meet the requirements of Subsection (b) using district funds.

(f) Notwithstanding any other law, a public elementary or secondary school is not exempt from this section.

On May 25, the Republican-controlled Texas House voted 82–46 to approve a version of Senate Bill 10, following nearly a week of debate. Democratic lawmakers proposed several amendments aimed at requiring the inclusion of texts from other religions—such as Hinduism, Islam, and Buddhism—but those efforts were ultimately rejected by the majority.

WAIT, WAIT, WHAT ABOUT THE FIRST AMENDMENT?

The legislation is expected to face legal challenges, as critics argue it may violate the Establishment Clause of the First Amendment, which is widely understood to prohibit public schools from endorsing or promoting religious instruction.

But this interpretation may not be the only accepted view of the First Amendment.

The First Amendment includes two key clauses related to religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause bars the government from “establishing” a religion. While the exact meaning of “establishment” has evolved, it originally referred to banning government-supported churches like the Church of England.

In modern times, the U.S. Supreme Court has interpreted the Establishment Clause using the three-part test established in Lemon v. Kurtzman (1971). According to the “Lemon test,” government action involving religion is permissible only if:

1. It has a primarily secular purpose,
2. It neither advances nor inhibits religion, and
3. It avoids excessive entanglement between government and religious institutions.

Texas is going to argue that the ordinance passes all three tests, seeing as it presents the 10 Commandments not as an agenda but rather as a foundational document of American society; it does not attack other religions (unless you take the “no other gods before me” literally); and it obeys the excessive entanglement warning.

IS IT GOOD OR BAD FOR THE JEWS?

And how should an observant Jew relate to this report?

According to our sages, before giving the Torah to the people of Israel, God offered it to the nations of the world. Each nation, however, declined to accept it. The Midrash explains that their refusal stemmed from characteristics or stereotypes traditionally associated with them—traits that made them unwilling or unable to commit to observing the commandments (Avoda Zara, 2b).

So, now that the leaders of millions of Texans are embracing the same Torah, shouldn’t we rejoice?

“I will bring them to My sacred mount and let them rejoice in My house of prayer. Their burnt offerings and sacrifices shall be welcome on My altar; for My House shall be called A house of prayer for all peoples.” (Isaiah 56:7)


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David writes news at JewishPress.com.