SCOTUS: Ten Commandments Texas Classrooms Ruling Under Review

• The Supreme Court is considering whether to review a 5th Circuit decision that upheld a Texas law requiring Ten Commandments displays in public school classrooms.
• The 5th Circuit ruled the Texas law constitutional by applying the Supreme Court's new "historical practices and understandings" test for the Establishment Clause.
• This new test was introduced in the 2022 *Kennedy v. Bremerton School District* case, replacing the former "Lemon Test."
• The 5th Circuit determined that texts with religious origins can develop nonreligious meanings, allowing for passive displays that acknowledge their foundational role in American law.
• A similar Ten Commandments case from Louisiana is also under consideration by the Supreme Court.

The shift from the "Lemon Test" to the "historical practices and understandings" test suggests a broader permissibility for certain religious symbols or texts in public spaces, provided they can be linked to historical or cultural significance beyond purely religious endorsement.

The U.S. Supreme Court is poised to consider whether to review a significant decision from the U.S. Court of Appeals for the 5th Circuit. This appellate ruling affirmed a Texas statute mandating the display of the Ten Commandments in public school classrooms across the state. A comparable legal challenge originating in Louisiana is also on the high court's radar, indicating a broader interest in how religious texts are presented in public educational environments.

A pivotal change in Establishment Clause jurisprudence occurred with the Supreme Court's 2022 ruling in *Kennedy v. Bremerton School District*. In this landmark case, the high court introduced a new standard for assessing whether governmental actions violate the Establishment Clause, moving away from the long-standing "Lemon Test."

The "Lemon Test," which originated from the 1971 decision in *Lemon v. Kurtzman*, required courts to determine if a state action possessed a "secular purpose" among other criteria. The *Kennedy* decision effectively discarded this framework, replacing it with a focus on "historical practices and understandings" to guide future Establishment Clause analyses. This new test fundamentally alters the lens through which courts evaluate the constitutionality of religious expressions in public settings.

Applying the Supreme Court's new "historical practices and understandings" test, the 5th Circuit determined that the Texas law requiring Ten Commandments displays in classrooms does not violate the Establishment Clause. A central tenet of the 5th Circuit's reasoning was its finding that a text, even one with clear religious origins, can over time acquire an additional, nonreligious significance.

Consequently, the court concluded that public schools are permitted to acknowledge such texts through passive displays within classrooms. In the context of the Texas statute, the 5th Circuit held that the decision to hang the Ten Commandments serves not to promote religion, but rather to recognize its foundational influence on American law and historical development.

The 5th Circuit's decision, rooted in the Supreme Court's updated Establishment Clause jurisprudence, carries significant implications for public institutions, particularly schools, grappling with religious displays. The shift from the "Lemon Test" to the "historical practices and understandings" test suggests a broader permissibility for certain religious symbols or texts in public spaces, provided they can be linked to historical or cultural significance beyond purely religious endorsement.

Should the Supreme Court decline to review the 5th Circuit's ruling, or if it affirms the decision, it would further solidify this new interpretive approach. This would provide clearer guidance, or perhaps new challenges, for compliance officers and legal advisors in public entities as they navigate the evolving landscape of religious expression in public life.

Lawyers and compliance officers advising public institutions, particularly schools, on religious displays must understand the Supreme Court's new 'historical practices and understandings' test for the Establishment Clause, which has replaced the Lemon Test. This development signals a shift in how courts may evaluate the constitutionality of religious texts or symbols in public spaces, potentially broadening what is permissible. Monitor the Supreme Court's decision on whether to review the 5th Circuit's Texas ruling, as it will provide further clarity on the application of this new standard.

Source: Original reporting via SCOTUS Outside Opinions