Fifth Circuit rules Texas can require Ten Commandments displays in public school classrooms
A sharply divided federal appeals court ruled Tuesday that Texas can require every public school classroom in the state to display the biblical Ten Commandments, a decision that reverses a lower court injunction and hands religious conservatives one of their most significant legal wins in years.
The U.S. Court of Appeals for the Fifth Circuit voted 9-8 to uphold Texas Senate Bill 10, which the state legislature enacted last year. The law requires a poster of the Ten Commandments in a visible spot in every public elementary and secondary school classroom in the state. A lower federal judge had blocked the law before it could take effect. The Fifth Circuit threw out that injunction.
The ruling lands squarely in one of the most contested areas of American constitutional law, the boundary between religious expression and government establishment of religion. And it sets the stage for what both sides now expect will be a trip to the U.S. Supreme Court.
What the court said, and what the law does
Circuit Judge Stuart Kyle Duncan wrote the majority opinion, joined by Chief Judge Jennifer Walker Elrod and seven other judges. Duncan framed the Texas law in narrow, practical terms, arguing it poses no burden on individual belief:
"It does not tell churches or synagogues or mosques what to believe or how to worship or whom to employ as priests, rabbis, or imams. It punishes no one who rejects the Ten Commandments, no matter the reason."
That framing matters. The majority's reasoning rested on the idea that mere exposure to religious content in a public setting does not, by itself, violate the Constitution. The Washington Times reported that the court relied on the Supreme Court's newer history-and-tradition approach to Establishment Clause questions, moving away from the older Lemon test that had governed such cases for decades.
Duncan wrote that the Texas law bears no resemblance to a founding-era establishment of religion. "S.B. 10 looks nothing like a historical religious establishment," he stated. "Because the Texas law has none of the elements of a founding-era establishment of religion, the district court erred in ruling that the law violates the Establishment Clause."
The Fifth Circuit's decision to back the Texas law also addressed the free-exercise question. The majority concluded that the display requirement does not violate the rights of parents or students because, as the ruling states, "No child is made to recite the Commandments, believe them, or affirm their divine origin."
The dissent: bound by precedent
Seven judges disagreed. Judge Irma Carrillo Ramirez wrote or joined a dissent arguing that the Fifth Circuit was bound by a 1980 U.S. Supreme Court decision that struck down a nearly identical Kentucky law requiring the Ten Commandments to be posted in public school classrooms.
That 1980 precedent has been the primary legal obstacle for states seeking to put religious texts on classroom walls. The majority's willingness to distinguish or sidestep it, on the ground that the Supreme Court's own Establishment Clause framework has shifted, is the heart of the legal dispute.
The challengers, described as multifaith and nonreligious families, made clear they are not done fighting. Lead attorney Jon Youngwood said the ruling contradicts settled First Amendment law:
"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."
Youngwood added that his clients "anticipate asking the Supreme Court to reverse this decision and uphold the religious-freedom rights of children and parents."
Meanwhile, a federal judge in Arkansas permanently blocked a similar Ten Commandments display law in that state's classrooms, a reminder that the legal landscape remains fractured and that different courts are reaching opposite conclusions on the same basic question.
Texas celebrates; challengers prepare for the Supreme Court
Texas Attorney General Ken Paxton wasted no time claiming the win. He called the ruling "a major victory for Texas and our moral values."
"Ten Commandments have had a profound impact on our nation, and it's important that students learn from them every single day."
Jonathan Saenz, president and attorney for Texas Values, went further. Just The News reported Saenz calling it "one of the most important religious liberty victories for Texas in our glorious history." He added: "Today's ruling confirms that our state can honor the moral heritage that undergirds our legal system without violating the First Amendment."
The practical consequences are straightforward. The lower court's injunction had blocked about a dozen Texas school districts from putting up the posters. With that injunction reversed, those districts, and every other public school in the state, may now comply with the law.
Compliance itself carries a detail worth noting. Texas schools may satisfy the requirement by accepting donated displays or by using taxpayer funds. The ACLU has said it plans to appeal to the Supreme Court.
The broader implications extend well beyond Texas. AP News reported that the ruling is expected to bolster similar Ten Commandments display laws in Louisiana, Arkansas, and Alabama. The New York Post noted that the decision could strengthen those laws and mark a turning point for religious expression in public schools nationwide.
A shifting legal framework
For more than four decades, the 1980 Supreme Court precedent served as a wall against Ten Commandments displays in public school classrooms. Courts treated such displays as government endorsement of religion, full stop.
But the legal ground has shifted. The Supreme Court's move toward a history-and-tradition analysis for Establishment Clause cases has opened space that did not exist before. The Fifth Circuit's majority seized that space. Whether the Supreme Court agrees will determine whether the old wall holds or falls for good.
The Fifth Circuit's decision upholding the Texas display law fits a broader pattern. Across the country, courts, legislatures, and the executive branch have been revisiting the boundaries of religious expression in public life. The recent push to protect prayer in public schools reflects the same current, a growing institutional willingness to treat religious expression as protected, not prohibited, in the public square.
The one-vote margin, 9-8, tells its own story. This is not a consensus position among federal judges. The dissent's reliance on binding Supreme Court precedent is a serious legal argument, not a fringe objection. The question now is whether the current Supreme Court will treat the 1980 Kentucky ruling as settled law or as a relic of a framework it has already moved past.
What comes next
Both sides expect this case to reach the Supreme Court. The challengers have all but promised a petition. If the Court takes it, the justices will face a direct question: Can a state require public school classrooms to display a religious text, or does the Constitution still forbid it?
The answer will affect not just Texas but every state legislature considering similar laws. Louisiana already has a Ten Commandments display law on the books. Alabama and Arkansas have moved in the same direction. A Supreme Court ruling affirming the Fifth Circuit would open the door nationwide. A reversal would slam it shut, at least for now.
For the families in Texas who supported Senate Bill 10, the ruling is vindication. For those who challenged it, the fight moves to a higher court. For the rest of the country, the case is a test of whether the Constitution's protections for religious liberty include the right of a state to acknowledge the moral tradition that shaped its laws, or whether that tradition must be hidden from the children who will inherit it.
A poster on a classroom wall does not make anyone a believer. But in a culture that has spent decades scrubbing every trace of faith from public life, the fact that one state fought to put it back, and won, is worth more than a legal footnote.






