by Jorge Gomez • 3 minutes
On Tuesday, the 5th U.S. Circuit Court of Appeals heard arguments in two major cases regarding the constitutionality of laws in Louisiana and Texas calling for the posting of the Ten Commandments in public schools.
In 2024, Louisiana enacted a law requiring Ten Commandments displays in schools and colleges that receive public funding. First Liberty played a role in helping this become law in the Bayou State. However, it was partially struck down last June.
In 2025, Texas’ governor signed a similar law. First Liberty also supported and testified in favor of the measure in the Lone Star State. But a federal judge issued an injunction preventing its implementation in select school districts.
The cases were consolidated and were heard en banc this week, before all 17 active judges on the 5th Circuit.
First Liberty submitted a friend-of-the-court brief supporting the display of the Ten Commandments. We filed on behalf of 46 members of Congress, including House Speaker Mike Johnson, Sen. Ted Cruz and Rep. Chip Roy.
“The Ten Commandments are a part of the nation’s history and tradition; banning them from schools because they are religious is not justified by the Constitution, and it undermines a comprehensive education for America’s students,” said Kelly Shackelford, President and CEO of First Liberty.
Thanks to First Liberty’s landmark Supreme Court victories, a seismic change to religious freedom law is taking place.
The Lemon test—a bad precedent that stifled religious freedom for more than 50 years—was rejected by the Supreme Court in our victory for the Bladensburg Peace Cross in The American Legion v. American Humanist Association. That ruling mandated a presumptive lawfulness for established symbols, displays and practices.
In Kennedy v. Bremerton School District—another landmark First Liberty victory at the Supreme Court for a praying football coach—the Court rejected Lemon entirely and created a new test, writing that “the Establishment Clause must be interpreted by ‘reference to historical practices and understandings.’”
As the Supreme Court has explained, the Ten Commandments “have an undeniable historical meaning,” including “historical significance as one of the foundations of our legal system,” and such “acknowledgments of the role played by the Ten Commandments in our Nation’s heritage are common throughout America.”
“Texas and Louisiana’s laws clearly meet the new test under the Supreme Court’s Kennedy ‘history and tradition’ test,” Shackelford explains.
Because of our Supreme Court victories, we’re witnessing a national movement unfold. In Texas, Louisiana and states all across America, faith and religious expression are being restored where they rightfully and legally belong. Cities and local governments are also taking action to display the Ten Commandments and other testimonies to our country’s religious heritage, such as the national motto, “In God We Trust.”
In December, a monument of the Ten Commandments was restored to the state Capitol grounds in Frankfort, Kentucky.
Last week, Tarrant County held a dedication ceremony to place a Ten Commandments monument on the grounds of the county courthouse, built in 1895.
Displaying the Ten Commandments in schools and public grounds is consistent with Supreme Court decisions that recognize our religious heritage and the best of the nation’s history and traditions. The Ten Commandments are a symbol of law and moral conduct with both religious and secular significance for all Americans.
Those who want to ban such displays are wrong—both under our Constitution and history.
Even so, our opponents are relentless. Each effort to advance religious liberty is being met with resistance and lawsuits. Many of these groups are incredibly well-funded—and you can be sure their attacks will not stop anytime soon. This is a fight that will only intensify.
First Liberty is fighting a major case to stop several radical groups that are challenging the Ten Commandments monument at the Arkansas Capitol. We’re defending the monument as co-counsel with the Arkansas Office of the Attorney General.
Please give to First Liberty today. Your gift is essential in this fight—it’s the difference maker that will help us win more cases and continue changing the future of our country.
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