BY Benjamin ClarkJanuary 27, 2026
24 hours ago
BY 
 | January 27, 2026
24 hours ago

Appeals court reviews Louisiana and Texas mandates on Ten Commandments in schools

In a heated legal battle, the Fifth Circuit Court of Appeals in New Orleans is deliberating whether public schools in Louisiana and Texas can be required to display the Ten Commandments in classrooms.

The court held a hearing this week to consider the laws passed in Louisiana and Texas, with no decision made as of Tuesday. Lower court rulings blocking these mandates, along with a similar law in Arkansas, remain in effect for now. Louisiana’s 2024 law mandates the display of the Ten Commandments in every classroom, including at colleges and universities, while Texas has joined the appeal alongside support from 18 other states.

The issue has sparked intense debate over the separation of church and state. Supporters argue the display serves a secular purpose by highlighting a historical document foundational to U.S. legal traditions. Opponents, including nine families, the ACLU, and various groups, contend it endorses religion and violates First Amendment protections.

Louisiana Law Faces Constitutional Scrutiny

Louisiana’s Republican Attorney General Liz Murrill defended the law outside the court, emphasizing its historical significance. “The point that we are trying to make,” she said, is that the Ten Commandments are a foundational document for our legal and historical traditions in creating our government structures. But let’s be real—pushing a specific religious text in every classroom smells like state overreach, no matter how you frame it, as WWNO reports.

The plaintiffs, including religious and non-religious families, argue this mandate coerces students into a faith they may not share. Joshua Herlands, a Jewish parent, passionately opposes the law despite valuing the commandments. His point is sharp: public schools shouldn’t play preacher.

Herlands isn’t alone—dozens of religious groups and even clergy like Rev. Jeff Sims, a Presbyterian minister, have filed briefs against the law. Sims called it a trampling of religious freedom. When pastors are siding against a so-called “moral” mandate, you know the state’s crossed a line.

Supreme Court Precedents Under Question

Tuesday’s hearing before the conservative Fifth Circuit focused on how to apply a new legal standard post-2022’s Kennedy v. Bremerton School District ruling. That Supreme Court decision ditched the Lemon Test, a 50-year-old benchmark for church-state separation, leaving older cases like 1980’s Stone v. Graham—where a similar Kentucky law was struck down—on shaky ground. Now, judges are openly questioning if Stone still holds water.

Judge Stuart Kyle Duncan, a Trump appointee, didn’t mince words on this shift. “If you take away Lemon, there is nothing left in Stone,” he said. This signals a potential rewrite of how we view religious displays in public spaces, and it’s about time we rethink outdated precedents.

Judge Stephen Higginson, an Obama appointee, raised a fair concern about the constant exposure students face compared to a one-off prayer by a coach. He’s got a point—there’s a difference between a fleeting moment and a daily sermon on the wall. But shouldn’t students at least understand the historical roots of our laws?

Public Opinion and Religious Nuances

The courtroom drama also featured Judge Edith Jones, a Reagan appointee, challenging the plaintiffs on what’s “too religious” for schools. She compared the commandments to Martin Luther King Jr.’s writings, arguing “Thou shalt not steal” transcends faith. Her logic cuts through the progressive fog—some moral codes are universal, not sectarian.

Yet plaintiff attorney Jonathan Youngwood pushed back, warning that state-selected scripture turns schools into churches. That’s a slippery slope argument, but it’s hard to ignore when the law mandates a specific Protestant version of the commandments. Why not let families handle their own sacred texts?

Louisiana Governor Jeff Landry, a vocal Catholic supporter of the law, dismissed critics with a quip that parents should find “some moral code.” His flippant tone grates, but he’s not wrong to suggest that ignoring basic ethics isn’t an option. Still, mandating one version of morality over others isn’t the answer.

Broader Support and Ongoing Debate

The legal fight isn’t just Louisiana’s—Texas joined the appeal, and a Kentucky-led brief from 18 states backs the law. From Alabama to West Virginia, there’s a clear regional push to reclaim traditional values in education. But at what cost to individual liberty?

A Pew Research Center report shows public opinion leans toward allowing religious expression in schools, especially in the Gulf South, with 74% of Louisianans supporting teacher-led prayers referencing Jesus. That’s a strong cultural current, yet it doesn’t erase the constitutional line between personal faith and state action. Forcing a specific doctrine on kids risks alienating as many as it comforts.

As the Fifth Circuit mulls this case—after a district court and a three-judge panel already ruled against Louisiana—the stakes couldn’t be higher. The full bench has vacated earlier rulings, leaving the door open for a seismic shift. Until a decision drops, the blocked laws sit in limbo, but the fight over faith in schools is far from over.

Written by: Benjamin Clark
Benjamin Clark delivers clear, concise reporting on today’s biggest political stories.

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