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Texas Ten Commandments Law Hits Federal Appeals Court: What It Means for Your Schools

Source: Politics – Houston Public Media5 min read

Key Takeaways

  • The 5th U.S. Circuit Court of Appeals is hearing the Texas and Louisiana Ten Commandments cases en banc, meaning all 17 active judges will rule.
  • The lawsuits challenge the laws under the First Amendment's Establishment Clause, which prohibits government endorsement of religion.
  • A U.S. District Judge previously blocked the Texas law, finding it likely favors Christianity and interferes with families' religious beliefs.
  • The U.S. Supreme Court ruled similar public school Ten Commandments displays unconstitutional in 1980.
  • Texas officials argue the displays are a 'passive' recognition of history and cite recent Supreme Court shifts on religious tests.
So, here's a big one brewing in the legal world that directly touches our public schools, especially here in Houston and across Texas. A federal appeals court, the 5th U.S. Circuit, is set to hear arguments about a new Texas law demanding that public school classrooms display posters of the Ten Commandments. And get this: all seventeen active judges on that court are stepping up to hear this case. This isn't just a Texas thing. Louisiana has a similar law, and their case is getting heard at the same time. What's really at stake here? It's all about the First Amendment. Specifically, that part everyone talks about, the 'establishment clause,' which essentially says the government can't favor one religion over another, or even promote religion in general. It's a foundational idea in our country, the separation of church and state. Let's rewind a bit. Back in 2025, the Texas Legislature passed Senate Bill 10, and Governor Greg Abbott signed it into law. This bill says public schools *must* put up donated Ten Commandments posters, making sure they're at least 16 by 20 inches and super visible on classroom walls. Sounds simple, right? Well, a lot of folks didn't think so. After SB 10 became law, a group of sixteen families, backed by groups like the American Civil Liberties Union of Texas, sued a bunch of school districts. They called the law 'catastrophically unconstitutional.' A U.S. District Judge, Fred Biery, agreed with them. He actually blocked the law from going into effect in those specific districts, including big ones like Houston, Fort Bend, and Plano. Judge Biery's reasoning? He figured the law gave an unfair advantage to Christianity over other faiths. He also worried it would mess with families' genuine religious or non-religious beliefs in a big way. He put the brakes on it, saying, 'Hold on a minute.' But Texas Attorney General Ken Paxton isn't backing down. He asked the 5th Circuit Court to overturn that ruling. He wanted all the active judges to hear both the Texas and Louisiana cases together, hoping for a different outcome. Louisiana's law had also been blocked by a federal judge, and then a panel of three judges on the 5th Circuit upheld that block. So, bringing in all seventeen judges is a strategic move for Texas and Louisiana officials, aiming for a more favorable decision, especially since twelve of those judges were appointed by Republican presidents, making the court pretty conservative. So, why are these families so upset? They argue that this law forces their kids to be exposed to a very specific, often Protestant, version of the Ten Commandments. And many religious and non-religious Texans just don't recognize that version as their own. They believe the state is trying to push students into accepting certain religious ideas. Imagine your child feeling like an outsider because their family's faith isn't the one being highlighted on the classroom wall. That's a real fear. It’s not just about religious differences. The lawsuit also claims the law takes away parents' right to guide their children's religious education. As one pastor and plaintiff, Griff Martin, put it, 'Posting the Ten Commandments in public schools is un-American and un-Baptist.' He emphasized that the separation of church and state is a big deal for Baptists, ensuring faith stays free and authentic. Their lawyers also point out that since kids *have* to go to school, they literally can't avoid seeing these displays. It's not like they can just walk away. And here's a crucial point: the U.S. Supreme Court, way back in 1980, actually said displaying the Ten Commandments in public schools was unconstitutional. Lawyers for the families say only the Supreme Court itself can reverse its own past decisions. Now, what about the state's side? Paxton's office argues that the Ten Commandments are a big part of our nation's history and heritage. They say that previous court rulings didn't really dig into that historical angle enough. Plus, Paxton's office notes that the Supreme Court recently got rid of the 'Lemon test' – a old legal framework used to figure out if a government action unconstitutionally promoted religion. This shift, they argue, changes things. Paxton has publicly stated, '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,' which is a phrase found nowhere in the Constitution.' He views the requirement as just a 'passive display' that isn't coercive. They say it would only cross the line if schools were forcing kids to learn the commandments or use them in assignments. The law technically says the posters only go up if someone *donates* them. The state argues this shows there's no real threat. But let's be real, Paxton also issued a legal advisory threatening action if schools don't comply and has even sued some districts. That doesn't sound entirely 'passive,' does it? So, what's next? The 5th Circuit Court will decide if these Texas and Louisiana laws are constitutional. There's no set timeline for their ruling. Whatever they decide, you can bet it'll probably get appealed all the way up to the U.S. Supreme Court. This case has huge implications for religious freedom, parental rights, and the future of public education, not just in Texas but potentially across the country. We'll be watching to see how the courts weigh in on this complex debate.