AUSTIN, Texas — In a bold statement, Sen. Mayes Middleton, R-Galveston, defended his bill to allow prayer during the school day by overlooking the establishment clause of the U.S. Constitution.

What You Need To Know

  • A bill allowing prayer time in public schools has passed the Texas Senate

  • Sen. Mayes Middleton, R-Galveston, who authored the bill, said there is “no such thing as separation of church and state”

  • Another bill, Senate Bill 10, would require that the Ten Commandments be displayed in schools

  • Sen. Roland Gutierrez, D-San Antonio, is concerned that the Ten Commandments don’t align with the beliefs of non-Christian students and such a display could imply a national religion

“There is no such thing as separation of church and state,” said Middleton. “That has been twisted completely out of control. And the Coach Kennedy case made that clear.”

The U.S. Supreme Court decided in 2022 that Washington high school football coach Joe Kennedy could pray during football games, saying religion can’t be banned from public life.

Sen. Sarah Eckhardt, D-Austin, poked holes in Middleton’s argument.

“Key holding in Kennedy, actually, was that the individual the coach was praying not as a school function. Not with a captive audience. And that was the exception,” said Eckhardt.

Middleton’s bill, Senate Bill 11, leaves it up to the school district to decide on implementing prayer time.

“To determine what's best for their particular, you know, school schedule and hours to pick what works the best for them,” said Middleton.

The passage of the bill out of the Senate chamber comes during an influx of conservative Christianity being pushed into the state’s public education system. In 2022, lawmakers approved a law that required classrooms to display donated “In God We Trust” signs. In 2023, lawmakers allowed school districts to replace mental health counselors with religious chaplains. And in 2024, the State Board of Education approved a new curriculum that had some Bible-infused lessons. 

Now, in addition to prayer time in school, some senators also want public schools to display the Ten Commandments in classrooms through Senate Bill 10, proposed by Sen. Phil King, R-Weatherford.

“Bring back the historical tradition of recognizing our national heritage,” King said.

Sen. Roland Gutierrez, D-San Antonio, is concerned that the Ten Commandments don’t align with the beliefs of non-Christian students and such a display could imply a national religion. 

“As a government, the United States of America is not in any sense founded on the Christian religion. This is part of our history,” said Gutierrez.

The text for the classroom posters would match the Ten Commandments statue on the north side of the Texas Capitol. The legislation is expected to be passed to the House on Wednesday.

Lt. Gov. Dan Patrick wrote on X that he is “optimistic that our new speaker, Dustin Burrows, will finally pass these important bills so they become law.”