Texas 10 Commandments School Law Upheld, Setting Stage For Supreme Court
A federal appeals court has upheld a Texas law requiring public school classrooms to display the Ten Commandments—marking a major legal victory for religious liberty advocates and setting up what could become a landmark case before the U.S. Supreme Court.
The U.S. Court of Appeals for the Fifth Circuit ruled this week in favor of Senate Bill 10, which mandates that all public schools in Texas “shall” display the Ten Commandments in classrooms. The case, Rav Nathan v. Alamo Heights Independent School District, is now widely expected to advance to the nation’s highest court.
Supporters of the law argue the decision restores recognition of foundational moral and legal principles that have shaped Western civilization.
David Hacker, senior counsel at First Liberty Institute, emphasized that schools are now required to comply with the statute and defended the historical significance of the text.
They are “a foundational moral, literary, and historical text. Their influence on Western legal traditions is widely acknowledged and needs to be part of any complete education,” Hacker told The Center Square.
Hacker also pushed back against claims that the law violates the Establishment Clause, arguing that historical concerns about government-established religion involved coercive practices—not passive displays.
“By contrast, simply displaying a religious text on a classroom wall bears no resemblance to these practices,” he added.
Opponents, however, are preparing for a legal fight. Groups including the American Civil Liberties Union, ACLU of Texas, Americans United for Separation of Church and State, and the Freedom From Religion Foundation have sharply criticized the ruling, arguing it violates the First Amendment and long-standing precedent.
In a joint response, critics said they were “extremely disappointed,” claiming the decision undermines the constitutional separation of church and state and interferes with parental rights over religious instruction.
Annie Laurie Gaylor echoed those concerns, noting the narrow 9–8 ruling and warning that the appeals court had overstepped its bounds.
“We take a little solace in the fact that, despite its being the most conservative appeals court, the vote was so close, 9-8. It is nevertheless shocking that an appeals court would presume to do what only the Supreme Court itself can do and overturn long-standing precedent,” Gaylor said.
Opponents have vowed to appeal, expressing confidence that the Supreme Court will reaffirm its 1980 ruling in Stone v. Graham, which struck down a similar Kentucky law requiring Ten Commandments displays in public schools.
The legal battle comes amid broader efforts in Texas to incorporate more historical and religious context into education. Lawmakers are also considering updates to the state’s K–12 curriculum that could include references to biblical texts in social studies instruction.
At the federal level, President Donald J. Trump’s administration has signaled strong support for protecting religious expression in public spaces, including schools. Earlier this year, federal guidance reaffirmed the rights of students and staff to engage in voluntary prayer and religious speech.
As the case heads toward a likely Supreme Court showdown, it is poised to reignite a decades-long constitutional debate—one that pits interpretations of religious freedom against concerns about government endorsement of faith.
For now, the Fifth Circuit’s ruling stands as a significant victory for advocates who argue that acknowledging the nation’s religious heritage is not only constitutional—but essential.