Texas Appeals Court Upholds Ten Commandments Display in Schools

The Fifth Circuit Court of Appeals has upheld a Texas law mandating the display of the Ten Commandments in public school classrooms. The ruling, decided by a narrow 9 to 8 margin, concluded that the law does not violate the Establishment Clause or the Free Exercise Clause of the First Amendment. This law, known as Senate Bill 10 (S.B. 10), requires schools to display posters of the Ten Commandments in a "conspicuous place," specifically using a Protestant translation. The law was enacted by the Republican-majority Texas legislature and took effect in September 2025.

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The court's decision comes amid a broader national conversation regarding the intersection of religion and public education. Several other states, including Louisiana, Arkansas, and Alabama, are exploring similar laws, potentially setting a precedent for further legal challenges to the Establishment Clause. Constitutional law professor Charles Rocky Rhodes expressed concern that the ruling effectively undermines the Establishment Clause, stating it could lead to increased government endorsement of religious displays.

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Texas Attorney General Ken Paxton praised the ruling as a victory for moral values and religious liberty. The conservative organization Texas Values called it a significant achievement in the fight for religious expression in public schools. Conversely, organizations such as the American Civil Liberties Union (ACLU) and Americans United for Separation of Church and State expressed disappointment, indicating plans to appeal to the Supreme Court. They argue that the ruling contradicts established First Amendment principles and could lead to broader government endorsement of religion.

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Critics of the law, including U.S. District Judge Fred Biery, have previously blocked its implementation, arguing that it crosses the line from mere exposure to coercion. They contend that the requirement to display the Ten Commandments could be interpreted as an attempt to manipulate the religious preferences of students. Legal experts warn that the ruling may open the door for further challenges to the separation of church and state, potentially leading to more religious displays in public institutions.

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The Supreme Court may soon be called upon to review this case, especially following its recent decision in Kennedy v. Bremerton School District, which shifted the legal landscape regarding religious expression in public settings. If the Supreme Court agrees to hear the case, its ruling could have significant implications not only for Texas but also for other states with similar laws, including South Carolina, West Virginia, and Missouri, which have proposed legislation requiring the display of the Ten Commandments in classrooms.

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• “through 12, every day in every classroom they sit in to look on the wall and read, 'it's wrong to kill, it's wrong to steal, it's wrong to lie.” — Phil King, Texas State Senator

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• “And requiring the Ten Commandments in every public school classroom should have been interpreted as an attempt to do just that.” — Michael A. Helfand, Law Professor

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This ruling marks a pivotal moment in the ongoing debate over religious displays in public schools, with potential ramifications extending beyond Texas.

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