The U.S. Fifth Circuit Court of Appeals has upheld the constitutionality of Texas Senate Bill 10, which requires public schools to display the Ten Commandments in each classroom. The court determined the bill does not violate the First Amendment’s Establishment Clause or Free Exercise Clause.

Rejection of the 'Lemon Test'

Judge Stuart Kyle Duncan, writing for the majority, explicitly rejected the “Lemon test,” a standard previously used to evaluate laws concerning religion. The Lemon v. Kurtzman case of 1971 had often resulted in inconsistent rulings regarding religious displays. Judge Duncan argued the test had created confusion and advocated for a historically grounded approach.

Adoption of a 'Founding-Era' Test

The court instead adopted a “founding-era” test, focusing on whether a law demonstrates hallmarks of historical religious establishment, such as mandatory religious attendance or formal religious exercises. This shift in legal interpretation may lead to a reevaluation of the boundaries between religion and public education.

Plaintiffs' Arguments and Court's Response

Plaintiffs argued that displaying the Ten Commandments would exert coercive pressure on students and potentially conflict with their families’ religious beliefs. The court dismissed this claim, stating a classroom poster does not constitute coercion or government-sponsored worship.

Judge Duncan emphasized the display presents a historical document without requiring students to believe in or adhere to its tenets. The decision effectively overturns previous rulings, like Stone v. Graham, which deemed a similar Kentucky law unconstitutional.

Dissenting Opinion and Reactions

Dissenting Judge Stephen Higgenson argued the majority opinion disregards established Supreme Court precedent and infringes upon parents’ rights to guide their children’s religious upbringing. He criticized the court for “supplanting decades of Supreme Court precedent.”

Political Responses

State Senator Phil King, the author of S.B. 10, celebrated the ruling, stating the Constitution does not require the erasure of history. Attorney General Ken Paxton hailed the decision as a “major victory for Texas and our moral values.”

Details of the Law

The law mandates public schools to display a “durable poster or framed copy” of the Ten Commandments in each classroom. The display must be at least 16 inches wide and 20 inches tall and easily readable from anywhere in the room. Attempts to allow for school board discretion or include ethical codes from other religions were unsuccessful.

This ruling is expected to have significant implications for similar debates nationwide, potentially leading to increased religious expression in public schools. The case highlights the ongoing tension between the separation of church and state and the recognition of religion’s historical significance in American society.