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Tag: Attorney General Ken Paxton

  • Conroe ISD Named in Latest Fight Against Ten Commandments Display

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    When the Texas Legislature approved Senate Bill 10, requiring that the Ten Commandments be displayed in every public school classroom, government watchdogs predicted there would be legal action. They were right.

    A second lawsuit claiming that SB 10 is a “clear violation of students’ and families’ religious freedom and the separation of church and state” was filed in federal court on Monday by 15 multifaith and nonreligious Texas families.

    The plaintiffs plan to file a motion for a temporary restraining order and a preliminary injunction, asking the court to require 14 defendant school districts, including Conroe ISD, to remove any Ten Commandments displays currently posted and to refrain from hanging new displays pending the resolution of the litigation.

    This week’s legal action comes on the heels of a lawsuit filed in August, Rabbi Nathan v. Alamo Heights Independent School District, in which U.S. District Judge Fred Biery issued a preliminary injunction saying the 11 districts named as defendants in that suit didn’t have to follow Senate Bill 10.

    Texas Attorney General Ken Paxton immediately appealed what he deemed a “flawed ruling” in the Rabbi Nathan suit and said Austin and Houston ISDs had to follow the state law even though they were named as defendants in the lawsuit. Cypress-Fairbanks and Fort Bend ISDs were also named in the original lawsuit.

    SB 10, authored by Sen. Phil King, R-Weatherford, requires that the scripture be displayed on a donated 16-by-20 poster. “While no school is compelled to purchase Ten Commandments displays, schools may choose to do so,” Paxton said in a statement after he challenged the first lawsuit. “However, schools must accept and display any privately donated posters or copies that meet the requirements of SB 10.”

    The 5th U.S. Circuit Court of Appeals deemed Ten Commandments displays in public schools “plainly unconstitutional” days before the Texas legislation was signed into law.

    In the latest legal action, Cribbs Ringer v. Comal Independent School District, the school districts named as defendants include Comal, Georgetown, Conroe, Flour Bluff, Fort Worth, Arlington, McKinney, Frisco, Northwest, Azle, Rockwall, Lovejoy, Mansfield, and McAllen ISDs.

    The plaintiffs in both cases are represented by the American Civil Liberties Union of Texas, the ACLU, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, with Simpson Thacher & Bartlett LLP serving as pro bono counsel.

    Plaintiff Kristin Klade, a Lutheran pastor, said in a statement that she is a devout Christian and believes that the “spiritual formation of my children” is a privilege she takes more seriously than anything else.

    “The mandated Ten Commandments displayed in my children’s public school impedes my ability to ‘train up my child in the way he should go’ (Proverbs 22:6),” Klade wrote. “I address questions about God and faith with great care, and I emphatically reject the notion that the state would do this for me.”

    Other plaintiffs said the Texas law forces religion on children and is a calculated step to erode the separation of church and state. Following the Rabbi Nathan ruling, attorneys in the case sent a letter to all Texas school districts suggesting they not implement SB 10 because it would violate the First Amendment.

    “Even though your district is not a party to the ongoing lawsuit, all school districts have an independent obligation to respect students’ and families’ constitutional rights. Because the U.S. Constitution supersedes state law, public-school officials may not comply with SB 10,” the letter states.

    Supporters of the legislation say the Ten Commandments and Christian teachings are vital to understanding U.S. history.

    Some districts have gotten creative in how they follow the law. Hays Consolidated ISD near Austin accepted donated Ten Commandments posters from the nonprofit My Faith Votes/Million Voices and opted to also display the Bill of Rights, which states that, “Congress shall make no law respecting an establishment of religion.”

    “We know that posting the Ten Commandments will spark many campus and community discussions,” said Hays ISD Superintendent Eric Wright in a statement.”We think it’s entirely appropriate to also display the other document that will be frequently cited in those conversations and in the legal process. The district won’t defy state law, but we can approach this new mandate as a learning opportunity,”

    ACLU of Texas attorney Chloe Kempf said in a press release this week that Texas families from religious and nonreligious backgrounds are “once again coming together to challenge this blatantly unconstitutional law.”

    “This lawsuit is a continuation of our work to defend the First Amendment and ensure that government officials stay out of personal family decisions,” she said. “All students — regardless of their race or religious background — should feel accepted and free to be themselves in Texas public schools.”

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    April Towery

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  • Paxton Says Houston ISD Has to Display Ten Commandments Despite Federal Judge’s Ruling

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    A federal judge ruled last week that 11 Texas school districts, including Cypress-Fairbanks, Fort Bend, and Houston ISDs, don’t have to display the Ten Commandments in every classroom as required by a state law passed earlier this year. On Monday, Texas Attorney General Ken Paxton said only nine districts are covered by the temporary injunction, and those that aren’t, including Houston ISD, must hang the posters when the law takes effect on September 1.

    It’s not clear why the federal judge’s order named 11 districts — which were sued by a group of parents and civil rights advocates in Rabbi Nathan v. Alamo Heights Independent School District .— and Paxton’s press release mentions nine, exempting Austin ISD and Houston ISD from relief. Paxton’s press office did not respond to calls or emails on Monday.

    Repeated phone calls and emails to Houston ISD went unanswered for most of the day. A spokesman responded in the afternoon, saying by email, “The District will not be discussing matters with pending litigation.”

    In his latest public statement about the case, Paxton said: “From the beginning, the Ten Commandments have been irrevocably intertwined with America’s legal, moral, and historical heritage. Schools not enjoined by ongoing litigation must abide by SB 10 and display the Ten Commandments. The woke radicals seeking to erase our nation’s history will be defeated. I will not back down from defending the virtues and values that built this country.”

    Paxton is currently challenging longtime U.S. Sen. John Cornyn in the Republican primary and will soon be vacating his seat as attorney general. Cornyn seized the opportunity Monday to make a social media dig at Paxton, who has been accused of adultery and whose wife, Texas Sen. Angela Paxton, recently filed for divorce on “biblical grounds.”

    The school districts affected by the injunction according to Paxton are Alamo Heights, North East, Cypress-Fairbanks, Lackland, Lake Travis, Fort Bend, Dripping Springs, Plano, and Northside, Paxton said in his statement. “All other ISDs must abide by the law once it takes effect on September 1, 2025,” he said.

    In a 55-page ruling issued August 20, U.S. District Judge Fred Biery said the Texas law was unconstitutional and crossed the line from exposure to coercion.

    “[Most people] just want to be left alone, neither proselytized nor ostracized, including what occurs to their children in government-run schools,” Judge Biery wrote in his ruling. “Even though the Ten Commandments would not be affirmatively taught, the captive audience of students likely would have questions, which teachers would feel compelled to answer. That is what they do.”

    Paxton said he immediately appealed the “flawed ruling.” Biery isn’t the only judge who took issue with the Ten Commandments display. The 5th U.S. Circuit Court of Appeals deemed it “plainly unconstitutional” just days before Senate Bill 10, authored by Republican Sen. Phil King of Weatherford, was signed into law.

    The Texas law requires that the scripture be displayed on a donated 16-by-20 poster. “While no school is compelled to purchase Ten Commandments displays, schools may choose to do so,” Paxton said in his statement. “However, schools must accept and display any privately donated posters or copies that meet the requirements of SB 10.”

    Kristi Gross, press strategist with the American Civil Liberties Union, said the attorney general’s demand that school districts implement Senate Bill 10 is “unwise and unlawful.”

    “A federal court has ruled that SB 10 is plainly unconstitutional, and school districts have an independent legal obligation to respect the constitutional rights of children and families,” she said. “Districts that flout the First Amendment will be opening themselves up to litigation.”

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    April Towery

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  • Transgender Texans Parse Through Another Policy That Prohibits Gender Changes On Birth Certificates

    Transgender Texans Parse Through Another Policy That Prohibits Gender Changes On Birth Certificates

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    LGBTQ advocacy and civil rights organizations are evaluating what procedures were bypassed by the Department of State Health Services after the agency quietly rolled out a policy change that blocks the ability for transgender Texans to change their gender on birth certificates.

    “We’re trying to create solutions,” Andrea Segovia, policy and field director of the Transgender Education Network of Texas, said. “It’s very much building the plane as we fly it because this was such an out-of-the-blue attack.”

    The move to only approve changes to children’s birth certificates due to hospital error or omission comes after the Texas Department of Public Safety altered policy, no longer allowing modifications to gender markers on state-issued IDs and driver’s licenses.

    The policy change effectively halted Texas DPS from accepting court orders for this purpose. Texas Attorney General Ken Paxton, a vocal opponent of the LGBTQ community, questioned the validity of these court orders.

    According to reports, a spokesman from the state health agency said the birth certificate policy change could be attributed to the same line of questioning. Similar to the switch-up by Texas DPS, the Department of State Health Services did not publicly announce the policy change, which went discreetly into effect on Friday.

    “This was not something the attorney general made a press release about or did an interview on. Legally, they should not be able to do this,” Segovia said. “It shouldn’t be that the attorney general kind of snaps his fingers, and people say, okay, let’s do it. There are systems. People have to have meetings and decide on these things.”

    Segovia emphasized that the policy change is not a new law, opinion or directive by Texas Governor Greg Abbott. She added that this has made navigating steps to hold Paxton accountable a bit more complicated.

    “But, we know we are moving to hold him accountable for this,” she said.

    Segovia noted that Paxton had requested a compiled list of residents who had changed their genders on their licenses from the Texas DPS in 2022, to which the agency said the data requested would not be possible to collect at that time.

    “That did not satisfy him, so instead, he moved to say, ‘Okay, let’s just stop this process altogether,’” she said.

    Although transgender Texans will no longer be able to alter their genders on their birth certificates or driver’s licenses, Segovia stressed that there are still some options for them to get their name and gender marker changed on official documents.

    Segovia said individuals can update their passports or request passport cards with the updated information. The Transgender Education Network of Texas has created an informational guide on the topic and is requesting that anyone with questions regarding the subject email [email protected].

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    Faith Bugenhagen

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  • Texas AG Ken Paxton Could See Criminal Charges Against Him Dropped

    Texas AG Ken Paxton Could See Criminal Charges Against Him Dropped

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    Texas Attorney General Ken Paxton may not see his day in trial court over the nearly nine-year-long securities fraud case against him as reports indicate that a possible resolution could involve a pre-trial diversion agreement.

    According to the Austin-American Statesman, which broke the news of the potential deal, prosecutors would dismiss the felony charges Paxton faces if he complied with the conditions.

    These could include Paxton being required to complete community service and advanced education classes and avoid violating any laws for an unspecified period. The agreement may also include restitution, which has been estimated to range from $300,000 to $400,000 among other terms. However, it would not interfere with Paxton’s law license status.

    Paxton has pleaded not guilty to the two first-degree felony securities fraud charges and one third-degree felony charge. The attorney general will likely not have to enter a plea, and the agreement will keep a possible conviction off a potential criminal record.

    If prosecutors and defense attorneys agree, the case will be resolved without requiring approval from Harris County District Judge Andrea Beall, who oversees legal proceedings.

    During a February pretrial conference, defense attorney Dan Cogdell indicated that there were discussions regarding a pretrial intervention that he would’ve accepted if offered. However, he denied any ongoing plea negotiations, saying Paxton has never entertained the idea of pleading guilty.

    The Houston Press contacted special prosecutor Brian Wice regarding the possible agreement, but Wice declined to comment via text message.

    According to reports, Cogdell said he would not comment on something that has not happened and may not occur.

    Last month, Paxton’s legal team attempted to get the charges against the attorney general thrown out after filing a motion to get them dropped, citing Paxton’s constitutional right to a speedy trial.

    The case has faced numerous delays caused by relocations from Collin County—where it originated—to Harris County, Paxton’s impeachment proceedings in the Texas Senate and disagreements over prosecutorial pay.

    The question of how much the prosecutors are going to be paid is now in the hands of the First Court of Appeals, as defense attorneys requested that the Houston-based court overturn Beall’s previous ruling. In it, Beall indicated that she would not issue new payment orders per the Collin County fee schedule because the $2,000 cap is “wholly unreasonable” given the amount of work required in this case.

    Former special prosecutor Kent Schaffer stepped away from the case in February, and Wice appointed Houston criminal defense attorney Jed Silverman to take over for Schaffer. According to Wice, a disagreement between the two prosecutors over the ultimate resolution likely led to Schaffer’s decision to withdraw from representation.

    A pretrial conference that was initially scheduled for this week was rescheduled for Tuesday, March 26, next week. If the case is still on course to go to trial, it would start on Monday, April 15.

    Paxton was indicted for allegedly soliciting investors in a McKinney-based technology company, Servergy Inc., without disclosing that the company was paying him to promote its stock and failing to register with state securities regulators. The attorney general could face fines and up to 99 years in prison if convicted.

    Although this case could be resolved, Paxton is involved in additional ongoing legal challenges in Travis County and at the federal level.

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    Faith Bugenhagen

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