The Fifth Circuit Court of Appeals has upheld a Texas law requiring public school classrooms to display the Ten Commandments.
Those challenging the law have alleged in their complaint that the measures represent violations of the First Amendment’s Establishment and Free Exercise clauses.
The state government, however, has argued that the requirements are permissible, citing Supreme Court precedent and the Ten Commandments’ historical relevance.
It has been the expectation for some time now that regardless of which party prevailed, the ruling would ultimately be appealed to the United States Supreme Court.
Dr. Patrick Flavin, Baylor University’s Political Science Chair, indicated in an interview earlier this year with KWTX that the Justices would be likely to take up the case as it would “allow them to revisit a ruling back in 1980 which basically said schools posting the Ten Commandments is unconstitutional.”
Here, Flavin appears to refer to the case of Stone v. Graham, in which the Supreme Court issued a 5-4 ruling declaring that, in that case, the state’s law requiring public school classrooms to display the Ten Commandments was unconstitutional, as the document “had no secular legislative purpose” and was “plainly religious in nature.”
These disqualifying factors came from the three-pronged test established by the Court in the 8-1 ruling in the 1971 case of Lemon v. Kurtzman. In 2021, the Court “abandoned” this test in their ruling for the case of Kennedy v. Bremerton School District, replacing it with a consideration of “historical practices and understandings.”
This case centered on Joseph Kennedy, a high school football coach who prayed with many of his players during and after games. He was asked by the district to discontinue the practice, on the grounds that it violated the Constitution’s Establishment Clause. Kennedy went on to sue the district for violating his First Amendment rights, as well as his rights under Title VII of the Civil Rights Act of 1964.
Because in their ruling for this case the Justices “abandoned” the three-part Lemon test — which played a key role in the Court’s 1980 ruling concerning the displays of the Ten Commandments in public school classrooms — there now appears to be an open question regarding whether or not the ruling in Stone remains applicable to the Texas case.
“The Ten Commandments have had a profound impact on our nation, and it’s important that students learn from them every single day,” said Texas Attorney General Ken Paxton in the wake of the ruling, according to the Associated Press.
David Hacker, vice president of legal services and senior counsel at First Liberty Institute, told The Center Square in an interview that the 5th Circuit’s ruling will require schools to comply with the state’s law.
“[The Ten Commandments are] a foundational moral, literary and historical text,” said Hacker. “Their influence on Western legal traditions is widely acknowledged and needs to be part of any complete education.”
According to Hacker, the circuit court’s ruling is clear that the establishment of religion “historically involved coercion: mandatory church attendance, enforced religious taxes and legal penalties for noncompliance.
“By contrast,” he added, “simply displaying a religious text on a classroom wall bears no resemblance to these practices.”
The defendants in this case include the American Civil Liberties Union (ACLU), the ACLU of Texas, Americans United for Separation of Church and State, and the Freedom From Religion Foundation.
“The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction. This decision tramples those rights,” the ACLU said in a statement shared by the Associated Press.
Annie Laurie Gaylor of the Freedom From Religion Foundation responded to a request for comment from KOMO News.
“We take a little solace in the fact that, despite its being the most conservative appeals court, the vote was so close, 9-8,” Gaylor told The Center Square. “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.”
The defendants have indicated publicly that they intend to appeal the 5th Circuit’s ruling to the Supreme Court.
This means that schools can also post other religious texts on classroom walls. Could lead to interesting discussions about various religions, which we should have some understanding of.
No to the Ten Commandments but Yes to the Pride Flag. That is all one needs to know about what Democratic Teacher’s unions support.
Did “we” learn anything from the Georgia Guidestones thing? Don’t mix church and state period. Look, you are intentionally “redlining” yourselves. Public schools should teach reading writing and arithma…..spelling and stuff like ….stuff. To like, so … you know. Yeah, what you said. Learn how to type with your thumbs. After all, we are human, right?