A federal appeals court in New Orleans tackled a contentious issue on Tuesday, diving into whether Texas can mandate the Ten Commandments in every public school classroom.

On Tuesday, all 17 active judges of the U.S. Fifth Circuit Court of Appeals heard arguments over Texas’ Senate Bill 10, a law signed by Gov. Greg Abbott in June that requires the Ten Commandments to be displayed prominently in all elementary and secondary classrooms. The law, authored by State Sen. Phil King (R-Weatherford), specifies the display must be a durable poster or framed copy, at least 16 inches wide and 20 inches tall, in a conspicuous place readable from anywhere in the room. The case, Rabbi Nathan v. Alamo Heights Independent School District, was argued alongside a similar challenge from Louisiana.

The debate has ignited strong opinions on both sides, with supporters and critics clashing over the law’s implications for religious freedom and public education. Supporters argue the Ten Commandments are foundational to American democracy and law, while opponents see them as a clear violation of the separation of church and state.

Legal Challenges Mount in Texas and Louisiana

Sixteen families, backed by groups like the American Civil Liberties Union, are suing Texas school districts to halt the law’s implementation. In August, U.S. District Judge Fred Biery temporarily blocked the law in districts like Austin ISD and Lake Travis ISD, ruling it favors Christianity and interferes with families’ beliefs, as KVUE reports.

Texas Attorney General Ken Paxton appealed the ruling, pushing for the full Fifth Circuit to hear both the Texas and Louisiana cases. Louisiana’s similar law, signed by Gov. Jeff Landry in 2024, was also blocked by a federal judge and deemed “plainly unconstitutional” by a three-judge panel last year. Both states hope for a favorable outcome with 12 of the 17 Fifth Circuit judges appointed by Republican presidents.

The plaintiffs argue the law violates the First Amendment’s Establishment Clause, which bars Congress from making laws respecting the establishment of religion. They contend that mandating only the Protestant version of the Ten Commandments pressures students to conform to a specific religious view, alienating those with differing beliefs. Civil rights lawyers also claim it undermines parents’ rights to guide their children’s upbringing.

Voices of Concern from Religious Leaders

Rabbi Mara Nathan, the lead plaintiff, voiced deep unease about the law’s impact. “I believe that the Texas Senate Bill 10 not only violates a core American value to separate church and state but also creates an atmosphere of religious exclusion and coercion in our schools,” she said.

Her words cut to the heart of the issue, but they miss the broader historical context some defenders raise. If the Ten Commandments are a bedrock of Western legal tradition, isn’t there a case for their display as a cultural artifact, not a sermon?

Rev. Mara Bim, a Dallas pastor, also criticized the mandate. “Nowhere in my home or my church are the Ten Commandments posted,” she stated. “That's because we believe in teaching the Ten Commandments with context.”

State Defends Historical Significance of Display

Rev. Bim’s point about context sounds reasonable, but it sidesteps the state’s argument that this is a passive display, not a theology class. Texas lawyers insist the posters aren’t coercive—students can ignore them, unlike if teachers wove the text into lessons. Solicitor General William Peterson reinforced this, saying, “This is not instruction on the Ten Commandments.”

The state further argues that the Ten Commandments embody universal moral principles, not just religious doctrine. They point to historical significance, claiming past court rulings like Stone v. Graham in 1980 overlooked this angle. Paxton has even threatened non-compliant schools, suing three districts to enforce the law.

Yet, the law’s silence on penalties for non-compliance raises questions about the enforcement teeth. Will lawsuits be the only stick, with the state footing legal bills as promised? It’s a murky area that could frustrate even supporters of the measure.

Broader Implications for Church and State

The Fifth Circuit’s questioning during arguments hinted at skepticism toward the plaintiffs’ case, though no ruling was issued by Friday. A decision, which could take months, may still head to the U.S. Supreme Court, especially given recent shifts away from the long-used Lemon Test for Establishment Clause cases. This saga is far from over.

At its core, this isn’t just about posters on walls—it’s about whether public spaces can nod to historical traditions without crossing into endorsement. Critics of progressive agendas often see these laws as a pushback against secular overreach, a reclaiming of values that shaped the nation. But the risk of alienating students of diverse faiths can’t be dismissed lightly.

Balancing heritage with inclusivity remains the tightrope. Texas and Louisiana are testing where the line falls, and the nation’s eyes are on the courts to see if history or neutrality wins out. Until then, classrooms remain a battleground for bigger ideas.