US appeals court to hear challenges against Texas, Louisiana laws mandating Ten Commandments displays
A federal appellate court will hear challenges against laws in Texas and Louisiana mandating the display of the Ten Commandments in public schools.
The U.S. Fifth Circuit Court of Appeals’ decision stems from an Oct. 28 motion in which the court’s judges agreed to allow the cases to bypass the standard three-judge appellate panel.
The Texas law, Senate Bill 10, which took effect Sept. 1, mandates that public elementary and secondary schools must display a durable poster of the Ten Commandments in a conspicuous location in each classroom. The display must meet specific size and textual requirements as outlined in the statute, including a 16-by-20-inch poster or framed copy of a specific English version of the Ten Commandments.
While supporters of SB 10 claim the law upholds a moral and historical precedent, opponents say the biblical displays violate the U.S. Constitution.
Texas is not the only state that has passed a measure requiring the display of the Ten Commandments in public school classrooms. Louisiana and Arkansas have passed similar legislation into law. Like Senate Bill 10, the Louisiana and Arkansas laws have found themselves subject to legal challenges.
In June, a three-judge panel on the U.S. Court of Appeals for the Fifth Circuit unanimously upheld a lower court ruling stating that the Louisiana law violated the First Amendment to the U.S. Constitution. That same month, the progressive advocacy groups Americans United for Separation of Church and State, the American Civil Liberties Union and the Freedom From Religion Foundation filed a lawsuit against the Arkansas law.
A federal judge issued a temporary injunction in August, blocking the displays in Texas public schools in response to a lawsuit filed by a coalition of Dallas-area families, faith leaders, and civil liberties advocates over SB 10. In his ruling, U.S. District Judge Fred Biery in San Antonio temporarily prohibited 11 Texas school districts from displaying the Ten Commandments.
Despite the legal challenges to SB 10, Republican Attorney General Ken Paxton, in an Aug. 25 statement, ordered all school districts not covered by the federal judge’s order to display the Decalogue.
“From the beginning, the Ten Commandments have been irrevocably intertwined with America’s legal, moral, and historical heritage,” Paxton said. “Schools not enjoined by ongoing litigation must abide by SB 10 and display the Ten Commandments. The woke radicals seeking to erase our nation’s history will be defeated. I will not back down from defending the virtues and values that built this country.”
As Paxton explained, “While no school is compelled to purchase Ten Commandments displays, schools may choose to do so. However, schools must accept and display any privately donated posters or copies that meet the requirements of SB 10.”
In July, the Austin-based advocacy group Texas Values, which played a role in securing the passage of Senate Bill 10, launched a new website called RestoreAmericanSchools.com that enables individuals and organizations to purchase posters of the Ten Commandments for just $1, including shipping.
According to the website, the posters “must be accepted and displayed in all public schools” except those named in the temporary injunction.
