The U.S. Supreme Court has been asked to review a Texas law requiring public schools to display the Ten Commandments in every classroom, following a split decision by the 5th U.S. Circuit Court of Appeals that upheld the mandate.
On Monday, a coalition of over two dozen Texas families, represented by the American Civil Liberties Union (ACLU), the ACLU of Texas, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, filed a petition asking the Supreme Court to intervene. The law, Senate Bill 10, enacted in 2025, requires Texas public schools to permanently display a state-selected version of the Ten Commandments in classrooms from kindergarten through 12th grade.
The petition challenges the 5th Circuit’s April ruling, which upheld the law in a 9-8 decision. The families argue that the mandate violates the First Amendment’s Establishment Clause, which prohibits government endorsement of religion. Their brief states that the law imposes scripture on impressionable, captive-audience children for up to 13 years of their education.
Legal Background and Precedent
The Supreme Court previously ruled in Stone v. Graham (1980) that a Kentucky law requiring Ten Commandments displays in classrooms violated the Constitution. The 5th Circuit, however, distinguished its ruling by noting that the Texas law does not require students to recite or affirm the Commandments. The appeals court also cited changes in the Supreme Court’s composition and religious-freedom jurisprudence since the Stone decision.
Plaintiffs’ Arguments
The families challenging the law include interfaith parents, religious leaders, and nonreligious families. Among them are Rabbi Joshua Fixler, who expressed concern that the displays could make children feel singled out for their religious beliefs, and Rebekah and Ted Lowe, who argue that the law infringes on their right to determine their children’s religious education.
State’s Defense and Implementation
Republican Gov. Greg Abbott signed the law, which took effect in September 2024. The 5th Circuit noted that the law only requires displays if they are donated, leading to conservative groups and individuals donating posters to schools across the state. The appeals court ruled that the law does not violate the Free Exercise Clause or the Establishment Clause, emphasizing that the displays are passive and do not compel belief.
Broader Context
The Supreme Court’s decision on whether to take up the case could set a new national standard for state-sponsored religious expression in public schools. Similar laws have been enacted in other Southern states, including Louisiana, where a comparable mandate was upheld by the 5th Circuit in February 2025.
The Supreme Court has not yet indicated whether it will accept the case for review.