Texas can enforce a state law requiring public schools to display posters of the Ten Commandments in classrooms, a federal appeals court ruled Tuesday.

A 9-8 majority of the 5th U.S. Circuit Court of Appeals ruled in Texas officials鈥� favor, concluding that the law does not establish an official state religion.

“It does not tell churches or synagogues or mosques what to believe or how to worship or whom to employ as priests, rabbis, or imams,” according to . “It punishes no one who rejects the Ten Commandments, no matter the reason.”

The court heard arguments in January after 16 families sued over the law, alleging that it amounted to state leaders promoting their interpretation of Christianity over other faiths.

All 17 active judges on the court listened to the case 鈥� 鈥� alongside a similar challenge in Louisiana, the first state to pass a Ten Commandments requirement for its public schools. The court cleared the way in February for Louisiana to fully implement its law.

After Tuesday鈥檚 decision, the civil rights organizations representing the families expressed disappointment.

“The court鈥檚 ruling goes against fundamental First Amendment principles and binding U.S. Supreme Court authority,” the groups said in a statement. “The First Amendment safeguards the separation of church and state, and the freedom of families to choose how, when and if to provide their children with religious instruction. This decision tramples those rights.鈥�

Texas Attorney General Ken Paxton celebrated the decision, calling it a major victory for Texas and its 鈥渕oral values.鈥�

鈥淢y office was proud to defend SB 10 and successfully ensure that the Ten Commandments will be displayed in classrooms across Texas,” Paxton said. “The Ten Commandments have had a profound impact on our nation, and it鈥檚 important that students learn from them every single day.鈥�

The case is playing a central role in the national debate over whether the laws violate the First Amendment鈥檚 Establishment Clause, which prohibits governments from endorsing or promoting a particular religion. The civil rights organizations said they plan to ask the U.S. Supreme Court to reverse the decision.

Here鈥檚 what we know.

Background: The Texas Legislature passed in 2025, with Gov. signing it into law that June. It requires public schools to display donated posters of the Ten Commandments, sized at least 16 by 20 inches, in a visible space on classroom walls.

The families 鈥� represented by a coalition of civil rights organizations, including the American Civil Liberties Union of Texas 鈥� sued 11 school districts to block what their lawyers called 鈥渃atastrophically unconstitutional鈥� legislation.

U.S. District Judge Fred Biery agreed, blocking the law from taking effect in the districts named in the lawsuit: Alamo Heights, North East, Lackland, Northside, Austin, Lake Travis, Dripping Springs, Houston, Fort Bend, Cypress-Fairbanks and Plano.

Biery concluded the law improperly favors Christianity over other faiths and said it would likely interfere with families鈥� 鈥渆xercise of their sincere religious or nonreligious beliefs in substantial ways.鈥�

asked the 5th Circuit Court to overturn Biery鈥檚 ruling and allow all 17 active judges on the court to hear the Texas and Louisiana cases together.

A federal judge Louisiana鈥檚 Ten Commandments law from taking effect in 2024, a decision last year by a panel of three judges on the 5th Circuit Court. Twelve of the appeals court鈥檚 were appointed by Republican presidents. The court is considered one of the most conservative in the nation.

The arguments for the case did not include two other challenging the Ten Commandments law.

One lawsuit resulted in a federal judge blocking 14 more school districts from complying with the law. The other asks a federal judge to block all Texas schools from following the law and is pending.

Why the families sued: They argued that the law subjects children to a state-imposed Protestant version of the Ten Commandments that many religious and nonreligious Texans do not recognize.

The families believe the law seeks to pressure students into observing and adopting Texas officials鈥� preferred religious principles.

They say the law will inflict harm by alienating children of those who do not follow the state鈥檚 preferred religion and that parents鈥� authority to direct their children鈥檚 religious education is undermined.

鈥淧osting the Ten Commandments in public schools is un-American and un-Baptist,鈥� Griff Martin, a pastor, parent and plaintiff in the lawsuit, said in a statement last year. 鈥淪.B. 10 undermines the separation of church and state as a bedrock principle of my family鈥檚 Baptist heritage. Baptists have long held that the government has no role in religion 鈥� so that our faith may remain free and authentic.鈥�

The families鈥� lawyers argue that because children are legally required to attend school, they have virtually no way of avoiding Texas鈥� required version of the Ten Commandments.

The U.S. Supreme Court found public school displays of the Ten Commandments unconstitutional in 1980. Civil rights attorneys argue that only the Supreme Court can overturn its previous rulings.

What the state argues: Paxton and attorneys from his office say the Ten Commandments played a significant role in the nation鈥檚 history and heritage. State leaders have said previous rulings from federal courts and the U.S. Supreme Court did not examine that historical significance.

State lawyers also note that the Supreme Court recently , established by a previous ruling, that determined when a government had unconstitutionally endorsed or established a religion.

鈥淭here is no legal reason to stop Texas from honoring a core ethical foundation of our law, especially not a bogus claim about the 鈥榮eparation of church and state,鈥� which is a phrase found nowhere in the Constitution,鈥� Paxton said last year.

Lawyers with the attorney general鈥檚 office see the Ten Commandments requirement as requiring only a 鈥減assive display on the wall鈥� that does not rise to the level of coercion because students are free to ignore the posters. The law might cross the line if it sought to incorporate the Ten Commandments into lessons or assignments, they argued.

The posters must go up in Texas classrooms only if donated by someone. The law does not specify what would happen if school leaders choose not to comply. The state views that as evidence no threat or harm is posed to families. However, Paxton if schools do not comply and sued three districts for alleged noncompliance.

What happened during oral arguments: Some judges questioned state officials from Texas and Louisiana about their decisions to use a Protestant version of the Ten Commandments and how that would affect families who do not follow those religious principles.

Lawyers for the states argued that the laws do not ask children to subscribe to a particular belief and urged the judges to consider legislators鈥� intent to teach students about important documents in U.S. history.

The judges questioned how children would know the posters have anything to do with American history. They also asked for historical evidence showing the use of the Ten Commandments in public schools.

Lawyers for the states pointed to early textbooks that referenced the Ten Commandments but acknowledged those materials were largely used in religious settings prior to the establishment of public schools in the 1800s.

Public schools used the materials through the early 20th century. However, a prominent historian who testified in the case that the Ten Commandments were not significant aspects of the texts and that it is unclear how much teachers relied on those specific lessons.

鈥淎 legislature in Louisiana, a legislature in Texas, is absolutely well within its right to say: We want to actually teach our students about founding documents,鈥� said Ben Agui帽aga, the attorney representing Louisiana.

Judges asked the lawyers representing the families why they consider the Ten Commandments posters problematic when students recite the Pledge of Allegiance and learn about the Declaration of Independence and Martin Luther King Jr.鈥檚 Letter from a Birmingham Jail 鈥� all of which refer to God.

King鈥檚 letter and the Declaration of Independence may reference religion, the lawyers replied, but they鈥檙e about more than religion.

Some judges noted during arguments that the Supreme Court鈥檚 1980 ruling heavily relied on a test that courts no longer use. The families鈥� lawyers countered that removing the test did not overturn Supreme Court precedent preventing the Ten Commandments from going up in public classrooms.

If students do not follow the religious principles in the state鈥檚 mandated version of the Ten Commandments, judges asked, can鈥檛 they ignore the posters?

鈥淭hey can’t just look away, your honor,鈥� said attorney Jon Youngwood, representing the families. 鈥淣ot for 13 years. Not in every class. Not every minute of every day.鈥�

What the court ruled: A court majority concluded that the U.S. Supreme Court’s 1980 ruling in is no longer valid. That case found a Kentucky law requiring the posting of the Ten Commandments unconstitutional.

The Supreme Court recently abandoned the test established in Stone that determined whether states had illegally endorsed or promoted a religion, the 5th U.S. Circuit judges noted. That means “there is nothing left of Stone,” they noted in the ruling.

They concluded that Texas’ Ten Commandments law does not establish an official state religion. Among reasons, they noted that it 鈥渓evies no taxes to support any clergy. It does not co-opt churches to perform civic functions.”

The judges ruled that the law is not coercive because it does not require students to learn the Ten Commandments or give teachers authority to undermine students’ religious beliefs.

“Yes, Plaintiffs have sincere religious disagreements with its content,” the opinion reads. “But that does not transform the poster into a summons to prayer.”

An opinion written by judges who opposed the decision argued in response that it is insignificant that Texas鈥� law does not require schools to teach the Ten Commandments.

The law poses a threat to children鈥檚 religious beliefs and undermines what parents may want their kids to learn about religion, they wrote in dissenting statements.

The opposing judges agreed with the argument of families who sued that the Supreme Court has not overturned its Stone v. Graham ruling. Lower courts are bound by Stone even if the test established in it is no longer in use, they added. Taking into account the historical-based approach courts must now use, the dissenting judges said Texas鈥� law still violates the Constitution.

This first appeared on .

In the wake of new mask guidance from the CDC, Dr. Anthony Fauci surrounding COVID-19 vaccinations and what Americans can expect as society attempts a partial return to normal.

CNN鈥檚 Jake Tapper concluded his interview Thursday with specific questions about the nation鈥檚 students and schools: 鈥淏oth CDC Director Walensky and the president of the American Federation of Teachers are now saying that schools in the fall should be 100 percent open and in-person, five days a week. Do you agree 鈥� and if that鈥檚 the plan should it be formalized so schools and parents should start preparing?鈥�

鈥淵eah I agree with that,鈥� Fauci replied. 鈥淚 believe the schools should be open five days, full blast, just the way it was before 鈥� that we really have to do that by the time we get to the fall.鈥�

Tapper also asked about specific safety policies and procedures for reopened schools, including whether vaccinated students should be allowed to remove their masks while in class.

Fauci said he would defer to the CDC on specific school safety guidance, but that that 鈥渨ould certainly be an option, if the children are vaccinated, not to have a mask.鈥�

Fauci , noting that children who are not vaccinated would need to continue wearing masks. Given that vaccines are currently approved only for students 12 and up, this means all elementary school students should likely begin the next school year with masks.

As we鈥檝e previously reported, widespread rollout of vaccines for children younger than 12 is not expected to happen until 2022. Some of our other recent coverage of schools, vaccinations and student safety:

鈥擜ccelerating Vaccinations: As FDA approves shots for youth 12 and up, school districts get creative promoting vaccine to teens (Read the full story)

鈥擬ask Policies: One Texas town, two school districts, clashing mask policies: How science and politics collided in New Braunfels鈥� classrooms (Read the full story)

鈥擫补飞蝉耻颈迟蝉: Parents sue to halt school face mask mandates as districts impose health rules to slow pandemic (Read the full story)

鈥擧ealth Studies: Inside the Massachusetts study that helped change the CDC鈥檚 stance on classroom distancing to 3 feet (Read the full story)

Chris Riback:聽Sandra, welcome to the studio.

Sandra Duncan:聽Thank you.

Chris Riback:聽When most people talk about designing an early childhood education program, they mean the curriculum, the funding, the program. It seems that when you talk about designing, you literally mean designing, not just the building plan and equipment, but the physical structure, the layout, and more. What are the principles of design as you mean it in early in an early childhood program?

Sandra Duncan:聽In 2010, several coauthors published a book. It was called Inspiring Spaces for Young Children. In that book, we put forth seven principles of design. They are nature inspires beauty, color generates interest, furnishings define space, texture adds depth, displays enhance environment, and elements heighten ambiance. In that book, what we urge teachers to do was to take a strong look, not only of the functionality like you just talked about, but to look at the aesthetic value of the classroom. When I first started talking about making ascetically pleasing classrooms-

Chris Riback: People must have looked at you like you were crazy.

Sandra Duncan: They looked at me like I was crazy, because they’re very used to designing a classroom based on functionality. And so, we urged them to start thinking about environments from a space of beauty. This was very unusual and people really did not get it for a while. But after we started talking about it and we started talking about the research, how beauty increases children’s wonder. We have that research from Dr. Ruth Wilson who is an advocate of beauty, that children need beauty. If you have something beautiful like a pine cone, the child picks up that pine cone and wonders about it, and wonder is the essence of learning. There is really no learning that takes place unless there’s wonder attached to it.

Chris Riback:聽Which seems to be table stakes. Of course it needs to be functional. Of course one needs furniture where a child can sit comfortably, a desk where, you know, if you’re having a desk. But the ways in which the science of learning and development and the what the research has shown there has affected and changed the way we think about how children learn and how we should teach. We should be thinking about the environment in which children learn much differently as well. Is that right?

Sandra Duncan:聽The environment absolutely impacts how children move about the environment, how children navigate the environment, how they interact with the environment, what they do in that environment, and the emotional social connection to the environment. At the cornerstone of those seven principles of designed is nature inspires beauty. We’re really big on the idea of not only including live plants, fish, live things, but also including natural elements such as a wicker basket or a wooden bowl. Things that are natural. Children need authentic things to play with, real things. Not the plastic teapot, not the plastic shovel, but real honest to goodness tools and honest to goodness objects that come from real life.

Sandra Duncan: And it’s so important. We have the research that says when children play with authentic items that their language is richer, that their sentences are longer, that the number of syllables that they use in the sentence and the words are longer and more intense. We have research that says if you increase authenticity, if you increase children’s exposure to nature, all of that. For example, when you look at that pine cone again, a child wonders about it so he observes it longer. Observers make good readers because they observe that pine cone, they focus on it, and then they can tell the difference between a lowercase B and a lowercase D.

Chris Riback:聽You’re actually taking these principles, and your knowledge, and your experience and translating it into a furniture design. How does that work?

Sandra Duncan:聽Yes. Well, it was a long process, but what we tried to do-

Chris Riback:聽Sense of place furniture, yes?

Sandra Duncan:聽Sense of place furniture. What we tried to do is we tried to take those concepts, those seven principles to design, and see how could we infiltrate those into furniture. Because we know that furniture design and furniture lines, and we have some research that says humans are more akin to round curves. Our brain is actually more akin to round curves rather than rectangular, angular types of environments. And so, we tried to infuse those natural elements.

Sandra Duncan:聽We have four pillars of design. They are: Nature Align, which you know why. Heart-Centered. That means that we are looking at classroom design from an empathic viewpoint, which means we’re looking at that furniture from the end user. What’s the child going to do with that furniture? How is the child going to interact with that furniture? Then we have Sensory Base, which you can understand why, and Authentically Inspired.

Chris Riback: It’s very interesting to hear about and see principles translated into reality and into usable action. Thank you for your ideas, and thank you for stopping by the studio.

Sandra Duncan:聽Thank you. Thank you for allowing me to.