Civil liberties groups argue the measure violates constitutional protections as state prepares for potential courtroom battle
On May 28, 2025, the Texas Legislature passed Senate Bill 10 (S.B. 10), requiring all public school classrooms to display a specific version of the Ten Commandments. The bill, awaiting Governor Greg Abbott\’s signature, mandates that each classroom exhibit a 16-by-20-inch poster or framed copy of the Ten Commandments in a conspicuous location. The text must be legible from anywhere in the room and adhere to a version associated with Protestant denominations.
Civil liberties organizations, including the American Civil Liberties Union (ACLU) of Texas, Americans United for Separation of Church and State, and the Freedom From Religion Foundation, have announced plans to sue the state over the legislation. They contend that S.B. 10 infringes upon the First Amendment\’s Establishment Clause, which prohibits government endorsement of religion. The groups argue that the law imposes a specific religious doctrine on students, many of whom may not share those beliefs, thereby violating their rights to religious freedom.
The legal challenge draws on the precedent set by the 1980 U.S. Supreme Court decision in Stone v. Graham, which struck down a Kentucky law requiring the posting of the Ten Commandments in public school classrooms. The Court held that the statute lacked a secular legislative purpose and thus violated the Establishment Clause. Additionally, a similar law in Louisiana was ruled unconstitutional in 2024 in Roake v. Brumley, with the court stating that mandatory displays of the Ten Commandments in classrooms were \”coercive to students\” and infringed upon their religious freedoms.
Supporters of S.B. 10, including Lt. Gov. Dan Patrick and Rep. Candy Noble, argue that the Ten Commandments are foundational to American legal and moral principles and that their display serves an educational purpose. However, opponents, such as Rep. James Talarico, counter that the law promotes a specific religious viewpoint, potentially alienating students of different faiths or no faith at all. Talarico, a seminary student and former teacher, emphasized that public schools should remain secular spaces to accommodate the diverse beliefs of all students.
The bill stipulates that schools must display the Ten Commandments using privately donated materials or existing resources, as no state funds are allocated for this purpose. The required version of the text mirrors that of a 1961 monument on the Texas Capitol grounds, which has been a subject of legal scrutiny in the past.
Governor Abbott has expressed support for the legislation and is expected to sign it into law. Once enacted, the law is set to take effect in the 2025–2026 academic year. Legal experts anticipate that the forthcoming lawsuit will challenge the constitutionality of S.B. 10, potentially leading to a judicial review that could reach the U.S. Supreme Court.
As the legal proceedings unfold, school districts across Texas await guidance on compliance with the new law and the outcome of the anticipated court challenges.
Analysis:
The Texas law requiring the Ten Commandments to be displayed in every public school classroom may have been introduced with good intentions—perhaps to promote moral values or remind students of foundational ethical principles. But when you look at it through the lens of constitutional law, it raises immediate red flags.
The First Amendment’s Establishment Clause forbids government from promoting a specific religion. Public schools are government-run institutions, and when they mandate religious texts like the Ten Commandments—especially a version associated with Protestant traditions—they cross a constitutional boundary. This is not just theoretical: the U.S. Supreme Court has already struck down similar laws, most clearly in Stone v. Graham (1980).
Proponents of the law might argue that the Ten Commandments are part of America\’s moral and legal heritage, and that displaying them is educational. That’s not entirely wrong. But in a classroom setting—especially where children are a captive audience—it’s hard to argue that the message isn’t religious. Courts have repeatedly said that context matters, and in this case, the context is a classroom, where students may feel pressured to conform.
This doesn’t mean moral values can’t be taught in school. They can and are. But public education must remain religiously neutral. The likely legal battle ahead isn’t just about Texas—it’s about reaffirming that neutrality. Expect a federal judge to issue an injunction as early as this summer, and a long court process potentially heading to the Supreme Court in 2026.