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In a significant ruling, the 5th U.S. Circuit Court of Appeals has decided that Texas is permitted to mandate the display of the Ten Commandments in public school classrooms. This decision marks a triumph for conservatives advocating for a greater presence of religious elements in educational settings.
The court’s 9-8 verdict has also provided momentum for similar legislative efforts in states like Arkansas and Louisiana. Critics of the measure argue that posting the Ten Commandments in schools constitutes an attempt to promote religious beliefs among students, effectively turning it into state-sponsored religious indoctrination.
However, the appeals court, with a conservative majority based in New Orleans, dismissed these objections. The court’s opinion stated that requiring the display does not infringe upon the rights of students or their parents.
“Students are not compelled to recite, accept, or acknowledge the divine origins of the Commandments,” the ruling clarified.
In response, the American Civil Liberties Union and other advocacy groups, representing the interests of parents opposing the Texas law, expressed their intention to challenge the ruling at the U.S. Supreme Court level.
“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,” they said in the statement.
The mandate is one of several fronts in Texas that opponents have fought over religion in classrooms. In 2024, the state approved optional Bible-infused curriculum for elementary schools, and a proposal set for a vote in June would add Bible stories to required reading lists in Texas classrooms.
The decision over the Ten Commandments law reverses a lower federal court ruling that had blocked about a dozen Texas school districts — including some of the state’s largest — from putting up the posters. The Texas law signed by Republican Gov. Greg Abbott took effect in September, marking the largest attempt in the nation to hang the Ten Commandments in public schools.
From the start, the law was met almost immediately by a mix of embrace and hesitation in Texas classrooms that educate the state’s 5.5 million public school students.
The mandate animated school board meetings, spun up guidance about what to say when students ask questions, and led to boxes of donated posters being dropped on the doorsteps of campuses statewide. Although the law only requires schools to hang the posters if donated, one suburban Dallas school district spent nearly $1,800 to print roughly 5,000 posters.
Texas Attorney General Ken Paxton, a Republican, called the ruling “a major victory for Texas and our moral values.”
“The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day,” he said.
Tuesday’s ruling comes after the appeals court heard arguments in January in the Texas case and a similar case in Louisiana. In February, the court cleared the way for Louisiana to enforce its law requiring the display of the Ten Commandments in classrooms.
Republican Louisiana Attorney General Liz Murrill said the Texas ruling “adopted our entire legal defense” of the law in her state. In Alabama, Republican Gov. Kay Ivey also signed a similar law earlier this month.
“Our law clearly was always constitutional, and I am grateful that the Fifth Circuit has now definitively agreed with us,” Murrill said in a statement posted to social media.
Judge Stephen A. Higginson, in a dissenting opinion joined by four others on the court, wrote that the framers of the Constitution “intended disestablishment of religion, above all to prevent large religious sects from using political power to impose their religion on others.”
“Yet Texas, like Louisiana, seeks to do just that, legislating that specific, politically chosen scripture be installed in every public-school classroom,” Higginson wrote.
The law says schools must put donated posters “in a conspicuous place” and requires the writing to be a size and typeface that is visible from anywhere in a classroom to a person with “average vision.” The displays must also be 16 inches wide and 20 inches tall (40 centimeters wide and 50 centimeters tall).
Texas’ law easily passed the GOP-controlled Legislature and Republicans, including President Donald Trump, have backed posting the Ten Commandments in classrooms.
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