Families Ask Supreme Court to Review Texas Ten Commandments Law

WASHINGTON — A group of Texas families has asked the Supreme Court to evaluate a state law mandating the display of the Ten Commandments in every public school classroom. Lawyers representing the families filed a petition Monday, requesting the justices review a U.S. Court of Appeals for the 5th Circuit decision that upheld the law.

Challengers argue the lower court's ruling disregarded Supreme Court precedents and infringed upon the religious freedom rights of students and parents in public schools.

The Supreme Court previously addressed a similar issue in 1980 with *Stone v. Graham*. In that case, the court ruled that a Kentucky law requiring public schools to display the Ten Commandments in classrooms violated the Constitution. The court's unsigned opinion stated that such displays would induce schoolchildren to read, meditate on, and potentially venerate the Commandments, which it deemed an impermissible state objective under the Establishment Clause. This clause prohibits the government from favoring one religion over another.

Since the *Stone* decision, the court's composition and its approach to religious freedom cases have evolved. The *Stone* ruling relied on the "Lemon test," established in the 1971 case *Lemon v. Kurtzman*. This three-part test required a statute to have a secular purpose, avoid promoting or restricting religious beliefs, and prevent excessive government-religious entanglement.

However, in the 2022 case *Kennedy v. Bremerton School District*, which concerned a high school football coach's post-game prayers, Justice Neil Gorsuch's majority opinion indicated the court had "long ago abandoned" the *Lemon* test. Gorsuch wrote that courts should instead examine historical context and the understanding of the Constitution's framers to determine Establishment Clause violations.

Three years after the *Kennedy* decision, Texas enacted S.B. 10. This law requires public elementary and secondary schools to prominently display the Ten Commandments in each classroom, specifying text derived from the King James Bible.

The families challenging the law represent diverse religious and nonreligious backgrounds, including Christianity, Judaism, and Hinduism. They initiated legal action in federal court, contending that S.B. 10 violates both the Establishment Clause and their right to freely exercise their religion.

The full 5th Circuit Court of Appeals upheld the law in April by a 9-8 vote. The majority reasoned that the *Stone* decision rested on the *Lemon* test, which the court in *Kennedy* had effectively discarded. The majority concluded that with *Lemon* removed, *Stone* held no remaining authority. Instead, the court considered whether S.B. 10 resembled a "founding-era religious establishment."

The 5th Circuit majority determined S.B. 10 did not constitute a founding-era religious establishment. They stated the law does not dictate religious beliefs, worship practices, or religious employment for churches, synagogues, or mosques, nor does it punish individuals who reject the Ten Commandments.

The majority also rejected the families' reliance on *Mahmoud v. Taylor*, a 2025 Supreme Court decision concerning parents' rights to opt children out of LGBTQ+ themed instruction. The 5th Circuit emphasized that S.B. 10 does not authorize religious instruction or permit teachers to contradict children's religious beliefs.

In their petition for review filed Monday, the challengers urged the Supreme Court to hear their case. They argue that the 5th Circuit incorrectly concluded *Kennedy* overruled *Stone*, noting *Kennedy* did not mention *Stone*. They contend that only the Supreme Court can overturn its own decisions, and it does not do so implicitly.

The challengers also assert that the 5th Circuit's ruling contradicts the Supreme Court's *Mahmoud* decision and destabilizes free-exercise law. They argue that the "permanent, unavoidable imposition of biblical scripture" in public school classrooms interferes with parents' ability to guide their children's religious education and instill specific beliefs.