Federal Appeals Court Upholds Ten Commandments Displays in Public Schools

A federal court has upheld a Texas law requiring public schools across the state to display the Ten Commandments.

The 9-to-8 decision came from the 5th Circuit Court of Appeals, reversing a 2025 ruling that had said the law failed to demonstrate a tradition of posting the Commandments.

The American Civil Liberties Union and other groups argued that the law violates the Establishment Clause of the First Amendment, which prohibits the federal government from creating a state religion.

But the court ruled that the requirement does not violate the rights of parents or students because “no child is made to recite the Commandments, believe them, or affirm their divine origin."

The law only requires public schools and open-enrollment charter schools to display a "conspicuous" copy of the Ten Commandments. The poster can't include any text other than the Commandments.

The bill, known as SB10, was sponsored by State Sen. Phil King (R-Weatherford), who said the U.S. Supreme Court has established in recent rulings like Kennedy v. Bremerton School District, that religious displays are not banned from schools.

"For 200 years, the Ten Commandments were displayed in public buildings and classrooms across America," wrote King in his bill analysis. "The Court has … provided a test that considers whether a governmental display of religious content comports with America's history and tradition. Now that the legal landscape has changed, it is time for Texas to pass SB 10 and restore the history and tradition of the Ten Commandments in our state and our nation."

Kelly Shackelford, President, CEO, and Chief Counsel for First Liberty Institute, applauded this week's ruling. 

"As the Fifth Circuit correctly concluded, posting the Ten Commandments in schools clearly meets the Kennedy 'history and tradition' test. The Ten Commandments have been a part of our nation's history and tradition; banning them from schools because they are religious is not justified by the Constitution and would undermine a comprehensive education for America's students. We applaud the Fifth Circuit for upholding the Constitution."

In 2024, Texas also approved an optional Bible-infused curriculum for elementary schools. As CBN News has reported, the Texas State Board of Education signed off on the "Bluebonnet" textbook, which provides optional course material for kindergarten through fifth-grade students.