Supreme Court Upholds Texas Law Requiring Ten Commandments in Classrooms
Fifth Circuit Court of Appeals upholds Texas law requiring Ten Commandments display in every public school classroom in 9-8 decision.
Objective Facts
The Texas law requiring public schools to display the Ten Commandments in each classroom has been upheld by the Fifth Circuit Court of Appeals. On Tuesday, the U.S. 5th Circuit Court of Appeals ruled 9 to 8 that the law does not violate the First Amendment's Establishment Clause, overruling two lower court decisions. The law requires the display be at least 16-20 inches and located in 'a conspicuous place in each classroom of the school' and requires the version of the Ten Commandments typically used by Protestants. U.S. Circuit Judge Stuart Kyle Duncan, a Donald Trump appointee, wrote the law violates neither the establishment clause nor the free exercise clause of the U.S. Constitution. The court document reads: 'Students are neither catechized on the Commandments nor taught to adopt them.'
Left-Leaning Perspective
The ACLU released a statement on Tuesday expressing disappointment: 'We are extremely disappointed in today's decision. The Court's ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority. 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. This decision tramples those rights.' The Texas families were represented by the American Civil Liberties Union, ACLU of Texas, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, and in a statement Tuesday, the organizations said they are 'extremely disappointed' by the 5th Circuit's ruling, adding that they expect to appeal to the U.S. Supreme Court. MSNBC's Maddow blog noted that 'for Republican officials eager to impose the Ten Commandments on public school students, the last year has been quite busy' and that 'proponents of government-sponsored religion fared far better with a federal appeals court,' characterizing the Fifth Circuit as 'the nation's most far-right appeals court' and saying 'the Republican-appointed judges' majority ruling suggested the First Amendment was really only designed to prevent official recognition of the Church of England, which is ahistorical nonsense contradicted by everything we know about American history, the Constitution and its formation.' In her 26-page dissent, U.S. Circuit Judge Irma Carrillo Ramirez, a Joe Biden appointee, accused the majority of failing to abide by the precedent set in Stone v. Graham, which she argues is still binding, despite the death of the Lemon test, writing: 'Without any case demonstrating that the Supreme Court has exercised its lone perogative to overturn Stone ... this court continues to be bound by that case.' Left-leaning coverage emphasizes the abandonment of the Lemon test as a radical departure from constitutional precedent and frames the ruling as illegitimate removal of judicial safeguards. Coverage downplays the court's reasoning that no coercion exists and does not engage deeply with the majority's argument that exposure to religious material on a classroom wall does not constitute establishment of religion.
Right-Leaning Perspective
Jonathan Saenz, president and attorney for Texas Values, stated: 'This is one of the most important religious liberty victories for Texas in our glorious history. Texas continues to lead the nation in defending both religious liberty and constitutional truth. Today's ruling confirms that our state can honor the moral heritage that undergirds our legal system without violating the First Amendment.' Texas Attorney General Ken Paxton, a Republican, called the ruling 'a major victory for Texas and our moral values,' and added: 'The Ten Commandments have had a profound impact on our nation, and it's important that students learn from them every single day.' Kentucky Attorney General Russell Coleman praised the ruling, noting that 'the Ten Commandments are foundational to our legal system and can be displayed in classrooms. We led a 19-state coalition to support Texas' law and American history!' HotAir's Ed Morrissey wrote: 'The jurisprudence of the last six decades would have normally argued against this statute. Any display of religious material would have violated both the Establishment and Free Exercise clauses of the US Constitution merely by their presence in government-run environments. The plaintiffs bringing this case made those same arguments that had succeeded in that period. This time, however, the Fifth Circuit didn't buy it. And if the plaintiffs think that they may get a more sympathetic hearing in the inevitable appeal to the Supreme Court, they may be in for a rude surprise.' Conservative Institute noted: 'For the families and taxpayers of Texas, the ruling means something concrete: their elected representatives passed a law, their governor signed it, and a federal appeals court said the Constitution permits it. That is how the system is supposed to work. The opponents who spent years using the Lemon test as a battering ram against public religious expression are running out of precedent.' Right-leaning coverage emphasizes the ruling as restoring constitutional balance after decades of judicial overreach under the Lemon test. It frames the Ten Commandments as a historical rather than purely religious document and celebrates the court's rejection of prior precedent. Right-leaning outlets downplay concerns about religious coercion and do not engage with arguments that the choice of the Protestant version privileges certain faiths.
Deep Dive
The Texas Ten Commandments case represents a collision between two competing constitutional frameworks that emerged from the Supreme Court's own doctrinal shifts. For nearly five decades, courts applied the Lemon test (1971) to evaluate Establishment Clause challenges, asking whether a law had a secular purpose, primarily advanced religion, or fostered excessive entanglement. Under that framework, Stone v. Graham (1980) easily struck down Kentucky's Ten Commandments law. But in Kennedy v. Bremerton School District (2022), the Supreme Court explicitly abandoned Lemon, replacing it with a "history and tradition" test that asks whether a practice has deep roots in American law and custom. The Fifth Circuit's majority reasoned that without Lemon, Stone's logic collapses, and the Ten Commandments—embedded in American courthouses, currency, and legal symbolism for centuries—passes constitutional muster as historical rather than sectarian content. Left-leaning organizations and Judge Ramirez argue that the majority's reasoning is circular: they say the court improperly treated Lemon's death as automatically invalidating Stone, without waiting for the Supreme Court to explicitly overrule it. They also contend that even under a historical lens, displaying a religious text in every classroom remains an Establishment Clause violation because the government is selecting and endorsing a specific religious document. On the constitutional merits, left critics emphasize that the nation's founders actually *separated* church and state precisely to avoid the religious establishment of the Church of England, making an appeals to "history and tradition" of religious expression misleading. Right-leaning supporters counter that the founders enshrined the Ten Commandments' moral principles in American law, that merely posting a document without requiring recitation or belief imposes no burden, and that the lower courts' blocking of the law violated democratic principles by overruling elected representatives' will without clear constitutional prohibition. What comes next hinges on the Supreme Court's willingness to revisit church-state doctrine. The ACLU has signaled intent to appeal, and given that federal courts in Arkansas blocked similar laws while the Fifth Circuit upheld them, a circuit split now exists. This makes Supreme Court review nearly inevitable within the next two years, presenting the justices with a chance to definitively answer whether their Kennedy framework permits Ten Commandments displays in public schools. The ruling also bolsters Republican efforts in multiple states—Arkansas, Louisiana, and Alabama all have similar laws pending or blocked—making this a test case for a broader religious liberty agenda.