Court Rules Texas Can Display Ten Commandments in Classrooms

A divided federal appeals court ruled on Tuesday that Texas can require public schools to display the biblical Ten Commandments in every classroom, marking a significant legal victory for religious conservatives and a setback for those advocating separation of church and state.

The ruling by the New Orleans-based Fifth Circuit Court of Appeals upheld Texas Senate Bill 10, which was enacted last year. The law requires a poster of the Ten Commandments to be displayed in every public elementary and secondary school classroom in the state. According to Reuters, the court voted 9-8 to uphold the law.

The majority opinion, written by Circuit Judge Stuart Kyle Duncan, argued that the law does not violate the U.S. Constitution's prohibition on government establishment of religion or its protection of the free exercise of religion. As reported by Fox News, the court stated that 'the Ten Commandments have been referenced throughout our nation’s civic life because they are part of the historical tradition that influenced American law.' Legal experts, however, criticized the decision as flouting long-standing legal precedent.

'What used to be considered a wall of separation between church and state has turned into a small speed bump,' said Seth Chandler, a law professor at the University of Houston. Ira Lupu, a constitutional law professor at George Washington University, told HuffPost that 'they’re just trying to erase Supreme Court precedent.' The ruling reverses a 1980 Supreme Court decision that struck down a nearly identical Kentucky law.

The challengers, including multifaith and nonreligious families, contended that they have a right under the U.S. Constitution to decide their children’s religious education. Jon Youngwood, lead attorney for the challengers, said in a statement reported by Reuters, 'The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction.' The plaintiffs plan to appeal the decision to the Supreme Court.

The mandate is one of several fronts in Texas that opponents have fought over religion in classrooms. In 2024, the state approved optional Bible-infused curriculum for elementary schools, and a proposal set for a vote in June would add Bible stories to required reading lists in Texas classrooms. The decision over the Ten Commandments law reverses a lower federal court ruling that had blocked about a dozen Texas school districts — including some of the state’s largest — from putting up the posters.

The Texas law, signed by Republican Gov. Greg Abbott, took effect in September, marking the largest attempt in the nation to hang the Ten Commandments in public schools. From the start, the law was met with a mix of embrace and hesitation in Texas classrooms that educate the state’s 5.5 million public school students.

The mandate animated school board meetings, spun up guidance about what to say when students ask questions, and led to boxes of donated posters being dropped on the doorsteps of campuses statewide. Although the law only requires schools to hang the posters if donated, one suburban Dallas school district spent nearly $1,800 to print roughly 5,000 posters.

Texas Attorney General Ken Paxton, a Republican, called the ruling 'a major victory for Texas and our moral values.' The decision comes after the appeals court heard arguments in January in the Texas case and a similar case in Louisiana. In February, the court cleared the way for Louisiana to enforce its law requiring the display of the Ten Commandments in classrooms.

Republican Louisiana Attorney General Liz Murrill said the Texas ruling 'adopted our entire legal defense' of the law in her state. In Alabama, Republican Gov. Kay Ivey also signed a similar law earlier this month.