Critics are arguing that it violates the separation of church and state
NewsWorldAmericasCourt approves law requiring schools to display Ten Commandments in classroomsCritics are arguing that it violates the separation of church and stateHannah Schoenbaum & Rebecca BooneSaturday 21 February 2026 12:25 GMTBookmarkBookmark popoverRemoved from bookmarksClose popoverRelated: Ten Commandments tablet that was used as paving stone sells for millionsYour support helps us to tell the storyRead moreSupport NowFrom reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.Your support makes all the difference.Read moreAn appeals court has cleared the path for a controversial Louisiana law mandating the display of the Ten Commandments in public school classrooms.The 5th Circuit Court of Appeals, sitting en banc, voted 12-6 to overturn a previous injunction that had halted the law's implementation. In its opinion, released Friday, the court said it was premature to rule on the legislation's constitutionality.The decision stems from a lack of clarity regarding how prominently the religious text would be displayed, whether teachers would reference the Ten Commandments during lessons, or if other historical documents, such as the Mayflower Compact or the Declaration of Independence, would also be exhibited, the majority opinion noted.Without these specifics, the judicial panel concluded it lacked sufficient information to assess any potential First Amendment concerns arising from the law. The court said that more facts were required to "permit judicial judgment rather than speculation."But the six judges who voted against the decision wrote a series of dissents, some arguing that the case was ripe for judicial review and others saying that the law exposes children to government-endorsed religion in a place they are required to be, presenting a clear constitutional burden.Circuit Judge James L. Dennis wrote that the law "is precisely the kind of establishment the Framers anticipated and sought to prevent.”A copy of the Ten Commandments is posted along with other historical documents in a hallway of the Georgia Capitol (AP)The ruling comes after the full court heard arguments in the cases in January 2026 following a ruling by a three-judge panel of the court that Louisiana’s law was unconstitutional. Arkansas also has a similar law that has been challenged in federal court.Texas’ law took effect on Sept. 1, marking the largest attempt in the nation to hang the Ten Commandments in public schools. Multiple school districts were barred from posting them after federal judges issued injunctions in two cases against the law, but they have already gone up in many classrooms across the state as districts paid to have the posters printed themselves or accepted donations.The laws are among the pushes by Republicans, including President Donald Trump, to incorporate religion into public school classrooms. Critics say it violates the separation of church and state while backers argue that the Ten Commandments are historical and part of the foundation of U.S. law.The laws have been challenged by families representing a variety of religions, including Christianity, Judaism and Hinduism, and clergy, in addition to nonreligious families.In 1980, the U.S. Supreme Court ruled that a similar Kentucky law violated the Establishment Clause of the U.S. Constitution, which says Congress can “make no law respecting an establishment of religion.” The court found that the law had no secular purpose but served a plainly religious purpose.And in 2005, the Supreme Court held that such displays in a pair of Kentucky courthouses violated the Constitution. At the same time, the court upheld a Ten Commandments marker on the grounds of the Texas state Capitol in Austin.More aboutDonald TrumpChristianityRepublicansTen CommandmentsLouisianaMost popularPopular videosBulletinRead next