All public schools in Texas must post donated posters featuring the national motto “In God We Trust” in a conspicuous space as a result of Senate Bill 797.

Taking effect in September of 2021, SB 797 flew under the radar for nearly a year, causing what seemed to be no issues. 

But now, more than a year later, Bill 797 is driving focus away from real educational needs, such as low teacher wages and public school funding, while tip-toeing the line of one of America’s fundamental values: the separation of church and state. 

Looking back at U.S. history, the nation has debated the role of religion in public schools for decades.

When it comes to the separation of church and state, things are often viewed through two clauses of the First Amendment in regard to religion, the Establishment Clause and the Free Exercise Clause. The provision that concerns public schools and other government funded entities is the Establishment Clause. 

To determine if there is an issue in the separation of church and state, there is a litmus test, commonly known as the Lemon Test. Created in 1971 by the Supreme Court via Lemon vs. Kurzman, the Lemon Test established three standards schools must follow: “They must do nothing to prohibit or promote a particular religion, they must be motivated by a secular purpose, and they must avoid excessive entanglement.”

So do the “In God We Trust” posters pass this test? 

In regard to prohibiting or promoting a particular religion: the posters do not prohibit nor do they necessarily promote a religion, so all good there.

But the posters are motivated by a secular purpose, so “In God We Trust” would appear to fail the Lemon Test. 

According to the the bills’ author: “The purpose of the law is to inform and remind students of the motto adopted by the United States Congress to assert the country’s collective trust in God”.

Putting the country’s trust in Gold doesn’t seem too secular.  Failing to pass the second criteria of the Lemon Test, it’s no wonder some people are sour about the “In God We Trust” posters.

However, the Supreme Court partially dismantled the Lemon Test this summer in Kennedy v. Bremerton School District, stating that school staff can continue to adhere to their faith even at school as long as it’s optional or not restricting students.

However, there is no “opt-out” option for SB 797 as anyone walking in the building can see the poster. Unlike the pledge of allegiance, where parents can avoid their students from reciting the pledge. 

The constitutionality of the poster is up in the air as it doesn’t seem to pass the Lemon Test, but beyond that, these simple pieces of paper are dividing thousands. Dozens of school board meetings have been dedicated to the matter; an overflow of news articles have been written, thousands of Facebook posts and Tweets from passionate parents and legislators have been posted, and thousands of dollars have been spent on the posters.

While hours upon hours have been spent discussing the bill, real urgent educational issues continue to run rampant. As of 2022, The Lone Star state ranks 43rd in educational attainment, 41st in school finance, and 34rd in education overall. 

From struggling with teacher retention to funding, Texas public school teachers get paid 21.5% less than other college graduates, affecting student’s education quality. With 70% of 8th graders not proficient in reading and 70% of 4th graders not proficient in math, there seems to be bigger issues within Texas’ education system than “to assert the country’s collective trust in God”.

So rather than spend time on a poster that doesn’t need to be there, the 88th session of the Texas Legislature needs to spend time on the unsolved issues in public education.