Attorney General Ken Paxton is escalating efforts to require the display of the Ten Commandments in public school classrooms, appealing a federal injunction and instructing districts not affected by ongoing litigation to comply with the new law.
Following a federal judge’s decision to block enforcement of Senate Bill 10—which mandates that the Ten Commandments be displayed in every Texas public school classroom—Paxton has petitioned the U.S. Court of Appeals for the Fifth Circuit and requested that the case be heard en banc by all active judges, rather than by a three-judge panel.
In the appeal, Paxton’s office contends that judicial efficiency and consistency require the Texas case to be considered alongside Roake v. Brumley, a parallel challenge to Louisiana’s Ten Commandments law. Both laws are nearly identical, and Paxton argued that the outcomes should be unified to prevent conflicting legal precedents in the Fifth Circuit.
Paxton further argued that the Ten Commandments are “a cornerstone of American law” and that efforts to block their display rely on misinterpretations of constitutional principles, particularly the separation of church and state.
The federal district court’s injunction currently halts enforcement of the new law in 11 school districts, including Alamo Heights, North East, Austin, Cypress Fairbanks, Lackland, Lake Travis, Fort Bend, Houston, Dripping Springs, Plano, and Northside.
Judge Fred Biery found the law likely violates the First Amendment’s Establishment Clause, drawing on precedent and concerns that it favors a particular religious doctrine in public education.
However, Paxton asserts the district court erred by reviving the outdated Lemon v. Kurtzman test, instead of applying the “history and tradition” standard reaffirmed by the U.S. Supreme Court in Kennedy v. Bremerton School District (2022).
He emphasizes that the Ten Commandments have long had a place in American public life and education, referencing expert testimony on their historical use in school curricula and public buildings.
Paxton vowed, “There is no legal reason to stop Texas from honoring a core ethical foundation of our law, especially not a bogus claim about the ‘separation of church and state.’”
In the meantime, Paxton has instructed all Texas school districts not party to lawsuits to move forward with posting the Ten Commandments. He warned that noncompliance would violate state law which took effect on September 1.
Districts involved in litigation are temporarily exempt until further court rulings are issued.
The Fifth Circuit’s decision—especially if heard en banc—could become a major precedent for similar legislation across the country, affecting how courts view religious displays in public spaces and schools.
