Texas can now require the Ten Commandments to be posted in every public school classroom after the U.S. Court of Appeals for the Fifth Circuit upheld the law and cleared the way for its enforcement.
In a decision issued Tuesday, the court overturned a lower court ruling that had blocked Senate Bill 10, allowing schools across the state to begin placing the displays. The law requires a clearly visible poster or framed copy of the Ten Commandments in every classroom if the poster is donated to the school.
Judges said the requirement does not establish an official religion or force students to believe anything. Instead, the court described the law as simply requiring a text to be posted, noting that it does not mandate prayer, religious instruction, or participation.
At the center of the case was whether the long-standing precedent set in Stone v. Graham—which struck down a similar Kentucky law—still applies.
The Fifth Circuit said it does not.
According to the court, Stone relied entirely on the now-defunct “Lemon test,” a framework the Supreme Court has since abandoned. Instead, judges applied the more recent “history and tradition” standard outlined in Kennedy v. Bremerton School District.
Under that test, the court found Texas’ law does not resemble a historical “establishment of religion.”
“S.B. 10 looks nothing like a historical religious establishment,” the court wrote, noting the law does not compel worship, punish dissent, or establish an official church
The court also rejected claims that students would be coerced, emphasizing that nothing in the law requires them to follow or agree with the Ten Commandments.
Texas Attorney General Ken Paxton praised the ruling.
“This is a major victory for Texas and our moral values,” said Paxton. “My office was proud to defend SB 10 and successfully ensure that the Ten Commandments will be displayed in classrooms across Texas. The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day.”
State Sen. Phil King, who authored the measure, said the ruling affirms the state’s authority to recognize its historical foundations.
“Today’s ruling confirms that the Constitution does not require us to erase our history. The Ten Commandments have been referenced throughout our nation’s civic life because they are part of the historical tradition that influenced American law. The Fifth Circuit properly applied the Constitution as written and understood, rather than rewriting it to scrub away our heritage.”
The decision is expected to be appealed, potentially sending the case to the U.S. Supreme Court.
