Texas can display Ten Commandments in schools, appeals court rules

Christian Post ^ | April 22, 2026 | Michael Gryboski

[Morgana]

An appeals court has ruled that the Ten Commandments can be displayed in public school classrooms throughout Texas, reversing lower court rulings against the law.

The United States Court of Appeals for the Fifth Circuit issued a decision regarding whether a Texas law that requires the display of the Decalogue is constitutional.

Circuit Judge Stuart Kyle Duncan, a Trump appointee, authored the court opinion, being joined by eight other appeals court members, including Fifth Circuit Chief Judge Jennifer Walker Elrod.

Duncan wrote that the law “requires no religious exercise or observance” on the part of public school students, and thus it does not violate the First Amendment of the U.S. Constitution.

“S.B. 10 looks nothing like a historical religious establishment. It does not tell churches or synagogues or mosques what to believe or how to worship or whom to employ as priests, rabbis, or imams. It punishes no one who rejects the Ten Commandments, no matter the reason,” Duncan ruled.

“Students are neither catechized on the Commandments nor taught to adopt them. Nor are teachers commanded to proselytize students who ask about the displays or contradict students who disagree with them.”

Duncan went on to conclude that he disagreed with the idea that “merely exposing children to religious language is enough to make the displays engines of coercive indoctrination.”

“S.B. 10 authorizes no religious instruction and gives teachers no license to contradict children’s religious beliefs,” he added. “No child is made to recite the Commandments, believe them, or affirm their divine origin.”

Circuit Judge Irma Carrillo Ramirez, a Biden appointee, authored a dissenting opinion, being joined by six other members of the appeals court. Ramirez believed that “legislation requiring the permanent fixture of religious rules in public-school classrooms” violated the “most basic First Amendment principles.”

Ramirez cited the 1980 U.S. Supreme Court decision in Stone v. Graham, where the high court ruled that a Kentucky statute similar to SB 10 violated the First Amendment.

“S.B. 10 provides no practicable means for students to opt out,” wrote Ramirez. “The Ten Commandments are required to be posted in every classroom of every public school during every hour of every day of the school year.”

Kelly Shackelford, president and CEO of the First Liberty Institute, a religious liberty legal nonprofit that filed an amicus brief in the case, celebrated the appeals court's decision.

Shackelford referenced the Supreme Court decision in Kennedy v. Bremerton School District, in which the high court ruled 6-3 that a public high school football coach could pray on the field after games.

“As the Fifth Circuit correctly concluded, posting the Ten Commandments in schools clearly meets the Kennedy ‘history and tradition’ test,” said Shackleford in a statement.

“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.”

The plaintiffs were represented by the American Civil Liberties Union, the ACLU of Texas, Americans United for Separation of Church and State, the atheist legal nonprofit Freedom From Religion Foundation and Simpson Thacher & Bartlett LLP.

In a joint statement, the groups denounced the appeals court ruling, saying that they were “extremely disappointed” in the decision and intend to appeal to the Supreme Court.

“The Court’s ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority,” they stated. “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. We anticipate asking the Supreme Court to reverse this decision and uphold the religious-freedom rights of children and parents.”

In June 2025, Texas Gov. Greg Abbott signed SB 10 into law, which mandated that schools post a 16-by-20-inch poster or framed copy of the Ten Commandments in every classroom.

While the law was supposed to take effect by September, a group of plaintiffs that included Jewish, Muslim and nonreligious families filed legal action against the measure.

U.S. District Judge Fred Biery, a Clinton appointee, issued a temporary injunction against the new law last August that prohibited 11 Texas school districts from displaying the Decalogue.

Biery wrote that "even though the Ten Commandments would not be affirmatively taught, the captive audience of students likely would have questions, which teachers would feel compelled to answer."

In November, U.S. District Judge Orlando L. Garcia, another Clinton appointee, issued a preliminary injunction requiring the removal of Ten Commandments posters from classrooms in several Texas school districts.

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TOPICS: General Discusssion; Religion & Politics
KEYWORDS: education; texas

[FlingWingFlyer]

Winning!!! The kids are WINNING?

[hinckley buzzard]

Well, the Koran will be next. Watch and see.

[FlingWingFlyer]

Winning! The kids are WINNING! Yee Haw! Texas. The Communist Colony of Virginia can kiss our butts. You can vote your way into communism but you’re going to have to shoot your way out. Don’t ever dare come looking for me to help you out. I’m saving my Ammo.

[TheThirdRuffian]

That’s my main concern.

Dearbornistan will post the Seven Pillars of Islam or whatever garbage they have.

I’m leaning heavily towards defunding all public schools.

[Jacquerie]

Considering that FL and other states have bans on sharia in their public institutions, I look forward to the certain judicial confrontation regarding the Seven Pillars and other muslim cr@p.

[MacNaughton]

Dearbornistan will post the Seven Pillars of Islam or whatever garbage they have.