Battle Over Ten Commandments in Public Schools Reaches Supreme Court
Key Facts
- The Supreme Court has been asked to review Texas' law requiring Ten Commandments displays in public-school classrooms.
- A deeply divided 5th Circuit upheld the Texas law in April by a 9-8 vote.
- A Supreme Court ruling could reshape nationwide standards governing religious expression and historical religious displays in public schools.
by Emmitt Barry, Worthy News Washington D.C. Bureau Chief
WASHINGTON, D.C. (Worthy News) – The U.S. Supreme Court has been asked to weigh in on a growing national battle over whether states may require the Ten Commandments to be displayed in public-school classrooms, potentially setting the stage for a major First Amendment ruling.
The American Civil Liberties Union and attorneys representing more than two dozen Texas families petitioned the Supreme Court on Monday to review a Texas law requiring public schools to display the Ten Commandments.
The appeal follows an April decision by the full 5th U.S. Circuit Court of Appeals, which voted 9-8 to uphold Texas Senate Bill 10. The law requires public elementary and secondary schools to prominently display an easily readable copy of the Ten Commandments in classrooms when qualifying posters are donated.
The closely divided appeals court concluded that the requirement does not amount to an unconstitutional establishment of religion because students are not required to recite the commandments, profess belief in them, or affirm their divine origin.
Texas Attorney General Ken Paxton praised the decision earlier this year as a victory for the state’s values, arguing that the Ten Commandments have played a significant role in American history and should remain visible to students.
A Potentially Landmark Religious Liberty Case
Opponents are asking the Supreme Court to reverse the appeals court, arguing that placing a state-selected version of Scripture in classrooms violates the First Amendment’s Establishment Clause and interferes with parents’ authority over their children’s religious upbringing.
At the center of the legal fight is the Supreme Court’s 1980 decision in Stone v. Graham, which struck down a Kentucky law requiring the Ten Commandments to be posted in public-school classrooms. The 5th Circuit concluded that subsequent Supreme Court decisions governing religion and government have undermined that precedent.
The dispute extends well beyond Texas. Louisiana, Arkansas and Alabama have adopted similar measures as lawmakers in several states seek to restore greater recognition of America’s religious heritage in public education.
If the Supreme Court accepts the Texas case, the justices could clarify whether the nation’s changing First Amendment jurisprudence permits states to recognize the Ten Commandments as part of America’s historical and moral tradition without constitutionally establishing religion.
The Court has not yet announced when it will consider whether to hear the appeal.
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